HomeMy WebLinkAboutOrdinance 3820 DENIED ORDINANCE NO. 3820
ZONING CASE ZC23-0061
AN ORDIN
ANCE 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 NONTRADITIONAL SMOKING
RELATED BUSINESS AT 7653 BOULEVARD 26;
PROVIDING THAT THIS ORDINA
NCE 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 City Council of the City of North Richland Hills previously approved a
redevelopment planned development for the property; and
WHEREAS, the owner of the property containing approximately 2.8 acres of land located
at 7653 Boulevard 26(the "Property") has filed an application for a special
use permit for a nontraditional smoking related business; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on October 5 and October 19, 2023, and the
City Council of the City of North Richland Hills, Texas, held a public hearing
Ordinance No.3820
ZC23-0061
Page 1 of 4
on October 23, 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 is hereby
amended by approving a special use permit on 2.8 acres of property
described as Lot 6, Block 1, North Hills Village, commonly referred to as
7653 Boulevard 26, 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 special use permit in accordance with the
requirements of 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 Director of Planning 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
and pertinent ordinances of the City of North Richland Hills, all applicable
regulations contained in the Building and Land Use Regulations for the C-
2 (Commercial) zoning district, and the additional zoning standards as set
forth in Exhibit "B."
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.
SE
CTION 6: This Ordinance shal
l be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
Ordinance No.3820
ZC23-0061
Page 2 of 4
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.
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 23rd day of October, 2023.
Ordinance No.3820
ZC23-0061
Page 3 of 4
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Director of Planning
Ordinance No.3820
ZC23-0061
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3820—Page 1 of 1
Special Use Permit Case ZC23-0061
Lot 6, Block 1, North Hills Village
7653 Boulevard 26, North Richland Hills,Texas
Being Lot 6,Block 1, North Hills Village,in the City of North Richland Hills,Tarrant County,Texas,according
to the plat recorded in Cabinet A,Slide 28, Plat Records,Tarrant County,Texas.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3820—Page 1 of 2
Special Use Permit Case ZC23-0061
Lot 6, Block 1, North Hills Village
7653 Boulevard 26, North Richland Hills,Texas
Hills Code
all the conditions of the North Richland
i i tUse Permit (SUP) must adhere to This Special
of Ordinances, as amended, and the base zoning district of C-2 (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 nontraditional smoking related
business on the property.
B. Site development standards. Development of the property shall comply with the
development standards of the C-2 (Commercial) zoning district and the standards described
below.
1. All site improvements must be installed and completed prior to the issuance of a
certificate of occupancy.
2. All nonconforming lighting fixtures on the building must be replaced with conforming
fixtures that comply with Section 118-728 of the zoning ordinance.
3. Enclosures must be constructed for all refuse containers on the lot. The enclosures must
comply with the standards contained in Section 118-874 of the zoning ordinance.
4. The installation or use of luminous tube lighting on the windows,doors,or any part of the
building is prohibited.
C. Operational standards. The operation of the nontraditional smoking related business must
comply with the standards described below.
1. The nontraditional smoking related business must not exceed one thousand seven
hundred ten (1,710) square feet in floor area.
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.
E. Expiration. The special use permit will expire three (3) years from the effective date of this
ordinance. If the nontraditional smoking related business 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.
F. 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;
Exhibit B—Land Use and Development Regulations—Ordinance No. 3820—Page 2 of 2
Special Use Permit Case ZC23-0061
Lot 6, Block 1, North Hills Village
7653 Boulevard 26, North Richland Hills,Texas
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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