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HomeMy WebLinkAboutOrdinance 3807 ORDINANCE NO. 3807 ZONING CASE ZC23-0062 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A REVISION TO PLANNED DEVELOPMENT 13 LOCATED AT 8703 AND 8743 BEDFORD EULESS ROAD AND 8612 AIRPORT FREEWAY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 5.03 acres of land located at 8703 and 8743 Bedford Euless Road and 8612 Airport Freeway (the "Property") has filed an application to revise Planned Development 13 to revise the development standards; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on August 17, 2023, and the City Council of the Ordinance No.3807 ZC23-0062 Page 1 of 4 I�III City of North Richland Hills, Texas, held a public hearing on August 28, 2023, 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 and Planned Development 13 are hereby amended by approving a special use permit to revise the development standards on 5.03 acres of property described as Lots 1A, 2, and 3, Block 13, Woodcrest Addition and Lots Al, B, and C, Ingress & Egress Easement, Woodcrest Addition, commonly referred to as 8703 and 8743 Bedford Euless Road and 8612 Airport Freeway 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 planned development in accordance with the requirements of 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 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 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 Buildingand Land Use Regulations for the C-1 9 g (Commercial) zoning district, zoning and the additional standards as set g forth in Exhibit "B." Ordinance No.3807 ZC23-0062 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. Ordinance No.3807 ZC23-0062 Page 3 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 28th day of August, 2023. CITY OF ORTH HLAND HILLS By: Oscar vino, ayor s;t1191!&i:ltdPlJJgtty, ATTEST: � `HL44✓'�f-ri •.A 0 Alicia Richardsonh a City Secretary/Chief Govern �„Offi 1;�,` APPROVED AS TO ORM AND LEGALITY: Maleshia B. cGinnis, City Attorney APPROVED AS TO CONTENT: -Arc„ Clayton C stock, Director of Planning Ordinance No.3807 ZC23-0062 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3807—Page 1 of 1 Zoning Case ZC23-0062 Lots 1-3, Block 13,Woodcrest Addition 8703 Bedford Euless Road, North Richland Hills,Texas Being Lots 1, 2 and 3, Block 13, Woodcrest Addition, according to the plat thereof recorded in Volume 388-119, Page 22, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3807—Page 1 of 2 Zoning Case ZC23-0062 Lots 1-3, Block 13,Woodcrest Addition 8703 Bedford Euless Road, North Richland Hills,Texas This Planned Development (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 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 PD are limited to those permitted in the C-1 (Commercial) zoning district, as amended, with the addition of and subject to the following. 1. Event center 2. Any land use requiring a special use permit in the C-1 (Commercial) zoning district, as amended, is only allowed through an amendment to this Planned Development District. 3. Any land use prohibited in the C-1 (Commercial) zoning district, as amended, is also prohibited. A. 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. The site improvements must be constructed as shown on the site plan attached as Exhibit "C" and as follows: a. The driveway on Bedford Euless Road must be removed and reconstructed in the location shown on Exhibit "C." b. The existing wood stockade fence located on the east property line must be maintained as the required screening fence between residential and non- residential property. Maintenance or repair of the fence as a screening fence is the responsibility of the non-residential property owner. If the non-residential property owner removes or replaces the fence, the new fence must comply with the standards contained in Section 118-871 of the zoning ordinance. 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C" and the standards described below. a. A landscape plan for the project must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee. b. The existing buffer yard located on the east property line must be maintained as the required buffer yard area between residential and non-residential property. The buffer yard must be maintained as required by the standards contained in Section 114-72 of the landscaping regulations. c. All landscaped areas must be watered by an automatic underground irrigation system equipped with rain and freeze sensors.All large and ornamental trees must be irrigated by bubbler/drip irrigation on separate zones from turf grass. Exhibit B—Land Use and Development Regulations—Ordinance No. 3807—Page 2 of 2 Zoning Case ZC23-0062 Lots 1-3, Block 13,Woodcrest Addition 8703 Bedford Euless Road, North Richland Hills,Texas d. The landscaping must be installed within one (1) year of the effective date of this ordinance. e. Trees planted on the site must be container grown trees. B. Operational standards, event center.The operation of the event center must comply with the p p pY standards described below. 1. The size of the event center must not exceed one thousand five hundred (1,500)square feet in floor area. 2. The maximum occupancy for events is fifty (50) people. 3. Events held at the facility must end by midnight (12AM). 4. Outdoor events are prohibited. All activities must take place within the building. C. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. lithe event center is still in operation at the time of expiration,the business shall be considered a legal non-conforming use and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. D. Amendments to Approved Planned Developments. An amendment or revision to the PD district 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 PD district. 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. 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W a a. > Z WO0 Z ZQ CC 0OJ a --IJO w lY W CC O W Z i- a CC The Beaufort Gazette ➢urban I The HeraldSun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The'Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer S,a,H Daily Times The Island Rock Hill The Herald McClatch S i Herald Tine Kansas City Ilc Star The Sacramento See Idaho Statesman Lexington Herald-Leader San Luis Obispo Tribune Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 49924 Print Legal Ad-IPL01390130-IPLM39013 $4532 1 47 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- treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at ------------------------------------------------------------------------------- Fort Worth,in Tarrant County,Texas;and who, CITY of after beingduly sworn,did depose and say that NORTH RICHLAND HILLS Y p Y ORDINANCE NO.3807 the attached clipping of an advertisement was AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, published in the above named paper on the listed AMENDING THE COMPREHENSIVE dates: PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A REVISION TO PLANNED DEVEL- OPMENT 13 LOCATED AT 8703 AND 1 insertion(s)published on: 8743 BEDFORD EULESS ROAD AND 8612 AIRPORT FREEWAY;PROVIDING 09/14/23 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANC- ES; PROVIDING A SEVERABILITY CLAUSE;ESTABLISHING 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. PASSED AND APPROVED on this 28th day of August,2023. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor ATTEST: WOYn t0 an SU SCYI e e ore me t IS t ay o Ali Alicia Richardson February In the year Alicia Richardson y y Of 2024 City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPLO139013 Sep 14 2023 Notary Public in and for the state of Texas,residing in Dallas County r STEP,NMIE HIAT0IH-R y Notalr, IO 4 13 5 . Expiros January 14,20.28 Extra charge for lost or duplicate affidavits Legal document please do not destroyl