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HomeMy WebLinkAboutOrdinance 3766 ORDINANCE NO. 3766 CASE ZC22-0030 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A HOTEL TO BE LOCATED AT 9020 GRAND AVENUE; PROVIDING THAT THIS ORDINANCE SHALL SUPERSEDE ORDINANCE 3553 FOR THE SAME PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for a hotel in the Town Center zoning district; and WHEREAS, the owner of the property located at 9020 Grand Avenue (the "Property") has filed an application for a Special Use Permit for a hotel; and WHEREAS, the Property had previously received approval through Ordinance 3553, passed December 10, 2018, for a hotel, and this new application is intended to supersede that previous approval; and Ordinance No.3766 ZC22-0030 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on November 3, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 14, 2022, with respect to the Special Use Permit 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 is hereby amended by approving a special use permit to authorize a hotel on 2.83 acres described as Lot 3E, Block 1, Northeast Crossing Addition, and Tract 5E1, Landon C Walker Survey, Abstract 1652, commonly referred to as 9020 Grand Avenue, 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 Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That Ordinance 3553 is hereby superseded and no longer applies to the Property. Section 4: That the official 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. Ordinance No.3766 ZC22-0030 Page 2 of 4 Section 5: 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 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. Ordinance No.3766 ZC22-0030 Page 3 of 4 . „ AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of November, 2022. CITY OF N H RICH D LS By: Os ar T ino, or kootionnuuo i7L\ctIA-444/ . ATTEST: ra %IA 0 i E 1.)•••1•••Vit-et_,- r Alicia Richardson " ;14).........• City Secretary/Chief GoverrfiptITer APPROVED AS TO FORM AND LEGALITY: • aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: &17jk5-- Clayton C stock, Planning Director Ordinance No.3766 ZC22-0030 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3776—Page 1 of 1 Special Use Permit Case ZC22-0030 Tract 5E01, Landon C.Walker Survey,Abstract 1652;Lot 3E, Block 1, Northeast Crossing Addition 9020 Grand Avenue, North Richland Hills,Texas Being a parcel of land located in the City of North Richland Hills, Tarrant County, Texas, and being a part of the Landon C. Walker Survey, Abstract Number 1652, and being a part of that tract of land described as Tract II conveyed to Arcadia Land Partners, 25, Ltd., as recorded in County Clerk's Document No. D203472402, Tarrant County Deed Records,and being that entire tract of land conveyed to Arcadia Land Partners, 25, Ltd. as recorded in County Clerk's Document No. D204074086, Tarrant County Deed Records, and being part of Lot 3, Block 1, Northeast Crossing Addition, an addition to the City of North Richland Hills as recorded in Cabinet A, Page 6064, Tarrant County Plat Records,and being further described as follows: BEGINNING at a one-half inch iron rod found at the northeast corner of said Tract II,said point being the northwest corner of said Lot 3,said point being in the northeast corner of Lot 1, Block 1,NRH Library Addition,an addition to the City of North Richland Hills as recorded in Cabinet A, Page 11397,Tarrant County Plat Records; THENCE South 88 degrees 54 minutes 21 seconds East,312.03 feet along the north line of said Lot 3 to a one-half inch iron rod found in the west line of Lot 1, Block 1,Aegon Office Park Addition, an addition to the City of North Richland Hills as recorded in Cabinet A, Page 384,Tarrant County Plat Records; THENCE South 00 degrees 35 minutes 49 seconds East, 100.00 feet along the north line of said Lot 3 to a one-half inch iron rod found for the southwest corner of said Lot 1, Block 1,Aegon Office Park; THENCE South 45 degrees 07 minutes 37 seconds West,293.21 feet to a one-half inch iron rod found in the westerly line of said Lot 3 and said point being in the easterly line of said Tract II; THENCE South 44 degrees 52 minutes 23 seconds East,55.41 feet along the westerly line of said Lot 3 to an'X'cut in concrete found for the east corner of said Tract II; THENCE South 45 degrees 25 minutes 55 seconds West, 175.00 feet along the westerly line of said Lot 3 to a one- half inch iron rod found for the south corner of said Tract II and being in the northeast line of Walker Boulevard(a 90 foot right-of-way); THENCE along the southwest line of said Tract II and along the northeast line of Walker Boulevard as follows: North 44 degrees 52 minutes 23 seconds West, 244.99 feet to a one-half inch iron rod set for corner; North 00 degrees 07 minutes 37 seconds West,48.00 feet to a one-half inch iron rod set for corner; South 89 degrees 52 minutes 23 seconds West, 13.88 feet to an 'X' cut in concrete set for corner in the southeast line of Grand Avenue(a variable width right-of-way); THENCE North 45 degrees 07 minutes 37 seconds East, 233.53 feet along the southeast line of Grand Avenue to a 'PK'nail set in the easterly line of said Tract II and being in the westerly line of said Lot 3; THENCE North 01 degrees 05 minutes 39 seconds East,88.56 feet along the easterly line of said Tract II and along the westerly line of said Lot 3 to the POINT OF BEGINNING and containing 123,337 square feet or 2.831 acres of land. Exhibit B—Land Use and Development Regulations—Ordinance No. 3766—Page 1 of 1 Special Use Permit Case ZC22-0030 Tract 5E01, Landon C.Walker Survey,Abstract 1652; Lot 3E, Block 1, Northeast Crossing Addition 9020 Grand Avenue, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TC (Town Center). 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 uses. The uses authorized by this Special Use Permit shall be limited the following: 1. 1. Hotel B. Site development standards. Development of the property shall comply with the development standards of the TC Town Center zoning district and the standards described below. 1. Building location, appearance of the building, and general lot landscaping must be as shown on the concept plan and conceptual elevations attached as Exhibit "C." 2. The maximum number of guest rooms allowed is one hundred thirty (130) rooms. 3. The use of street façade- or window-mounted HVAC units is not permitted. 4. The hotel must include the following amenities: outdoor pool, indoor gym, breakfast nmultipurpose flex room(s).diningroom, a d C. Operational standards. The operation of the hotel must comply with the standards described below. 1. This special use permit is for the TownePlace Suites by Marriott name or brand only. Any name or brand change will require approval of a revised special use permit. 2. The hotel owner/operator must join and be a member of the Town Center Property Owners Association. D. 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, Town Center Design Guidelines, and this Ordinance may be administratively approved by the Town Center Architect,Town Center Design Review Board, and City Development Review Committee. The city manager or designee may approve minor amendments or revisions to the Special Use Permit 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. Significantly decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit B—Land Use and Development Regulations—Ordinance No. 3766—Page 1 of 1 Special Use Permit Case ZC22-0030 Tract 5E01, Landon C.Walker Survey,Abstract 1652;Lot 3E, Block 1, Northeast Crossing Addition 9020 Grand Avenue,North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TC (Town Center). 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 uses. The uses authorized by this Special Use Permit shall be limited the following: 1. 1. Hotel B. Site development standards. Development of the property shall comply with the development standards of the TC Town Center zoning district and the standards described below. 1. Building location, appearance of the building, and general lot landscaping must be as shown on the concept plan and conceptual elevations attached as Exhibit "C." 2. The maximum number of guest rooms allowed is one hundred thirty (130) rooms. 3. The use of street façade-or window-mounted HVAC units is not permitted. 4. The hotel must include the following amenities: outdoor pool, indoor gym, breakfast dining room, and multipurpose flex room(s). 5. The swimming pool area must be screened with a masonry screening wall on the southeast and northeast sides of the area abutting Lots 3B and 3CR, Block 1, Northeast Crossing Addition. C. Operational standards. The operation of the hotel must comply with the standards described below. 1. This special use permit is for the TownePlace Suites by Marriott name or brand only. Any name or brand change will require approval of a revised special use permit. 2. The hotel owner/operator must join and be a member of the Town Center Property Owners Association. D. 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, Town Center Design Guidelines, and this Ordinance may be administratively approved by the Town Center Architect,Town Center Design Review Board, and City Development Review Committee. The city manager or designee may approve minor amendments or revisions to the Special Use Permit 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; Exhibit B—Land Use and Development Regulations—Ordinance No. 3766—Page 2 of 1 Special Use Permit Case ZC22-0030 Tract 5E01, Landon C.Walker Survey,Abstract 1652;Lot 3E, Block 1, Northeast Crossing Addition 9020 Grand Avenue, North Richland Hills,Texas 4. Significantly decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. N-.3N(1 NA�ZDDi f A z�Nn yNyZ1 5' N D N g �! n�rn C y N $ 2=rn(N� cog SN Roz s5,25613P2 N O AO .Orn4 �fz�rn0 Dz4tppa GrnF g^ gg g oCUUg DaAy O � CD rn p21yO OgnT -1"goo6mo rn Coo CO ouzN NN �T?o C N N C = �rn ; N /CV- <,, ki"' °3,4:** _. ' -' m 01,- et el g,9,P.'..:..3..FO15.4T-,--,i.-&2-.g d ,/.•.,,,,,.,\'p? '11,.—,,,. m . z v` ' ‘i�j kO s � 04A1 s, il,.„,,,,k0k s , a-� -/ �a 4 '�'�q.fr p F p�q ZS . �- #rind .® qe „.„7,, .4, , _II .,.,,, , •,,,,,,3,, . . . ,, -,...,. ‘, . 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I I MiiiiM 1 111/1117 I:' ...".......1 11.4".".....MI 1"" I'''--T7 / Eeautart Gazette The Herald-Rack Hill el Huey:Harald Miami Sun Bees-Myrtle Beach ll i9le tie -Oren-rccrat Herald:Sun-Durham Modest:,Bee The r lewa Trnbu rw Tacoma Fa-_llingharn Herald Idaho Stare:man Palai3h Hews.a Obserenr Th.e Tel Macon Bradenton Herald Island Packet The'DI riFian San Lw ,:baps Tribune ax` .1.i Centre-Daily Times an.-a:tit.;Star _a rament:Bee. Try-City Herald. Charlotte Obser.er ingt-a Herald-Leader Fort,/,crth Star Tel=_grarn a !china Ea ale: Colun-b�usLedger-Erruir r Mer:ed Sun Star The State-Columbia Fresno Bee Miami Herald Sun Herald 6il's«;i AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 349198 Print Legal Ad-IPL00988960-IPL0098896 $90.68 1 50 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 Stefani Beard,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at CITY OF Fort Worth,in Tarrant County,Texas;and who, NORTH RICHLAND HILLS after beingdulydid depose and saythat ORDINANCE NO.3766 sworn, p AN ORDINANCE OF THE CrTY OF the attached clipping of an advertisement was � COPEESEAMENDINGTHEE MRH IV published in the above named paper on the listed PLAN AND THE COMPREHENSIVE dates: ZONING ORDINANCE BY APPROV- ING A SPECIAL USE PERMIT TO AL- LOW A HOTEL TO BE LOCATED AT 9020 GRAND AVENUE; PROVIDING No.of Insertions: 2 THAT THIS ORDINANCE SHALL SU- PERSEDE ORDINANCE PROVIDING R THE SAME PROPERTY; Beginning Issue of: 11/24/2022 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANC- EndingIssue of: 11/25/2022 ES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; 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. / ' PASSED AND APPROVED on this 14th day of November,2022. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Sworn to and subscribed before me this 25th day of Oscar Trevino,Mayor ATTEST: November in the year of 2022 /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 IPL0098896 Nov 24-25 2022 I r Notary Public in and for the state of Texas,residing in Dallas County :41- STEPHANIE HATCHER *_ stE My Notary IO*13353 e•r' Expires Jedivary 14,2026 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!