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HomeMy WebLinkAboutOrdinance 3760 ORDINANCE NO. 3760 SPECIAL USE PERMIT CASE ZC22-0033 AN ORDINANCE 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 A VETERINARY CLINIC WITH BOARDING FACILITIES LOCATED IN THE 9000 BLOCK OF MID-CITIES BOULEVARD; 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 0.659 acres of land located in the 9000 block of Mid-Cities Boulevard (the "Property") has filed an application for a special use permit to construct a veterinary clinic with boarding facilities; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 15, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 10, 2022, with respect to the special use permit described herein; and Ordinance No. 3760 ZC22-0033 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 veterinary clinic with boarding facilities on Tract 12G, Tandy K Martin Survey, Abstract 1055, located in the 9000 block of Mid-Cities Boulevard, 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 Ordinance No. 3760 ZC22-0033 Page 2 of 4 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 10th day of 0 ber, 2022. CITY OF N RT RIC L D HILLS By: Osca T no, or Ordinance No. 3760 ZC22-0033 Page 3 of 4 ' CHC,gN� / ATTEST: Alicia Richardson -q/5.... • \�������`�� City Secretary/Chief Governa(foe,,i ` APPROVED AS TO FORM AND LEGALITY: Ma eshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, Planni Director Ordinance No. 3760 ZC22-0033 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3760— Page 1of1 Special Use Permit Case Z[ZZf]033 Tract 12Gi Tandy K Martin Survey,Abstract1O55 9O0O block Mid-Cities Boulevard, North Richland Hills,Texas Being proposed Lot 8' Block A, Berry Creek Village, according to the preliminary plat thereof as shown below and submitted as Case PL4T22'80Z5. Exhibit B—Land Use and Development Regulations—Ordinance No. 3760— Page 1 of 2 Special Use Permit Case ZC22-0033 Tract 12G,Tandy K Martin Survey,Abstract 1055 9000 block Mid-Cities Boulevard, 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-1 (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 veterinary clinic with boarding facilities on the property. B. Site development standards. Development of the property shall 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 outdoor dog run area on the site must comply with the standard described below. a. The dog run area must be located at least one hundred (100) feet from the north property line. b. The dog run area must be enclosed by either ornamental metal fence or a wood privacy fence. If a wood privacy fence is used, it must be pre-stained board-on-board cedar with top cap, top trim, metal poles, and treated wood baseboard. Chain link fencing is prohibited. c. The surface of the dog run area must be covered by live grass or a synthetic turf that has the appearance and color of live grass. The surface must not be maintained with bare soil. 3. Protected trees located in the northern half of the property must be preserved on site. However, a protected tree may be removed in order to properly grade and drain the property as required on a final grading plan approved by the city engineer. 4. Of the required parking spaces, at least thirteen (13) spaces must be provided on the lot. The remaining required spaces may be provided through the reciprocal parking agreement in effect for the property. C. Expiration. The site plan required by Section B.1 above must be submitted within one (1)year from the effective date of this ordinance. If the site plan is not submitted within one (1) year from the effective date of this ordinance, the special use permit will expire and will be null and void. 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. Exhibit B— Land Use and Development Regulations—Ordinance No. 3760— Page 2 of 2 Special Use Permit Case ZC22-0033 Tract 12G,Tandy K Martin Survey,Abstract 1055 9000 block Mid-Cities Boulevard, North Richland Hills,Texas 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. Change traffic patterns. 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Beaufort Gazette The Herald-Pock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun•-Durham Modesto Bee The News Tribune Tacoma Bell ingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon { / r Bradenton Herald Island Packet OlympianOlympianSan Luis Obispo Tribune .II \M .GL ETC H Centre Daily Times KansasThe City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 332003 Print Legal Ad-IPL00937930-IPL0093793 $89.00 1 49 L Attention: ROBERT MYERS 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 beingdulysworn,did depose and saythat ORDINANCE NO.3760 p AN ORDINANCE OF THE CITY OF the attached clipping of an advertisement was NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE published in the above named paper on the listed OF THE CITY OF NORTH RICHLAND HILLS,AND THE ZONING MAP OF THE dates: CITY OF NORTH RICHLAND HILLS, TEXAS BY APPROVING A SPECIAL USE PERMIT FOR A VETERINARY No.of Insertions: 2 CLINIC WITH BOARDING FACILITIES LOCATED IN THE 9000 BLOCK OF MID-CITIES BOULEVARD;PROVIDING Beginning Issue of: 10/13/2022 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANC- EndingIssue of: 10/14/2022 ES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY;PROVID- ING FOR SAVINGS;PROVIDING FOR PUBLICATION; AND PROVIDING 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. U PASSED AND APPROVED on this 10 th 31N US( day of October,2022. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor Sworn to and subscribed before me this 14th day of ATTEST: /s/Alicia Richardson October in the year of 2022 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney c2 O + 7 Octt 13-14 t3-14 2022542442 Notary Public in and for the state of Texas,residing in Dallas County ' STEM Wan KM0 ° x« lity Noisy int13 $ 1 Wei Ooktar 2 2022 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!