HomeMy WebLinkAboutOrdinance 3838 ORDINANCE NO. 3838
SPECIAL USE PERMIT CASE ZC23-0078
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 TRADE OR BUSINESS SCHOOL
TO BE LOCATED AT 6647 BOULEVARD 26;
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 0.492 acres of land
located at 6647 Boulevard 26 (the "Property") has filed an application for a
special use permit for a trade or business school; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on January 18, 2024, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on February
12, 2024, with respect to the special use permit described herein; and
Ordinance No.3838
ZC23-0078
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 trade or
business school on 0.492 acres of property described as Lot 9A2, Block
9, Richland Hills West Addition, commonly referred to as 6647 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
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 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
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.
Ordinance No.3838
ZC23-0078
Page 2 of 4
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.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 12th day of February, 2024.
Ordinance No. 3838
ZC23-0078
Page 3 of 4
CITY OF NORTH RICHL ND HILLS
By:
Oscar ev , M r
ATTEST: ;= �J
Alicia Richardson sc
City Secretary/Chief Governance Leer
7PROVED i S TO FORM AND LEGALITY:
alvari_01
Cara Leahy Y ite, liitenm City A orney
APPROVED AS TO CONTENT:
Clayton C stock, Director of Planning
Ordinance No.3838
ZC23-0078
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3838—Page 1 of 1
Special Use Permit Case ZC23-0078
Lot 9A2, Block 9, Richland Hills West Addition
6647 Boulevard 26, North Richland Hills,Texas
BEING a portion of Block 9, Richland Hills West, in Tarrant County, Texas, according to the plat thereof
recorded in Volume 388-T, Page 21, Plat Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at the northeast corner of Block 9, Richland Hills West Addition, said corner being the
intersection of the south line of Jerrell Street and the west line of Rufe Snow Drive;
THENCE North 89 degrees 16 minutes West with the south line of Jerrell Street, 155 feet to a point for
corner;
THENCE South 33 degrees 09 minutes West, 96.2 feet to a point for corner;
THENCE South 41 degrees 29 minutes East, 125 feet to a point for corner, said point being in the west
right-of-way line of State Highway 121;
THENCE North 48 degrees 31 minutes East with the west right-of-way line of said Highway 121, 100 feet
to a concrete right-of-way monument for corner, said monument being the point of intersection of the
west line of Highway 121 and the west line of Rufe Snow Drive;
THENCE North 24 degrees 46 minutes East with the west line of Rufe Snow Drive,116.22 feet to the PLACE
OF BEGINNING and containing 0.492 acres, more or less.
Exhibit B— Land Use and Development Regulations—Ordinance No. 3838—Page 1 of 2
Special Use Permit Case ZC23-0078
Lot 9A2, Block 9, Richland Hills West Addition
6647 Boulevard 26, 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 trade or business school
(cosmetology school) 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. The site improvements must be constructed as shown on the site plan attached as Exhibit
"C" and as follows:
a. The parking spaces on the lot must be striped and comply with the standards
contained in Section 118-832 (Minimum parking requirements) of the zoning
ordinance.
b. At least one van-accessible parking space must be provided, as required by ADA
Standards for Accessible Design. An accessible route must be provided from the
space to the building.
c. The parking lot surface at the drive entrance on Boulevard 26 must be repaired
and comply with the standards contained in Section 118-832 (Minimum parking
requirements) of the zoning ordinance.
d. At least one large tree or two ornamental trees must be planted in the area
between the building and Jerrell Street.The landscape area must be irrigated with
an automatic underground irrigation system.
e. The existing wall sign for the business must be replaced with a channel letter sign.
f. The site improvements required by this subsection must be completed by May 31,
2024.
C. Expiration. The special use permit will expire three (3) years from the effective date of this
ordinance. If the trade or business school 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 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. 3838—Page 2 of 2
Special Use Permit Case ZC23-0078
Lot 9A2, Block 9, Richland Hills West Addition
6647 Boulevard 26, 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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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 520613 Print Legal Ad-IPL01597430-IPLM59743 W.16 1 48 L
Attention: Traci Henderson 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.3838 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 SPECIAL USE PERMIT TO ALLOW
A TRADE OR BUSINESS SCHOOL 1 insertion(s)published on:
TO BE LOCATED AT 6647 BOULE-
VARD 26; PROVIDING THAT THIS 02/16/24
ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; ESTAB-
LISHING A PENALTY;PROVIDING FOR
SAVINGS;PROVIDING FOR PUBLICA-
TION;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 12th
day of February 2024.
CITY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino
Oscar Trevino,Mayor
ATTEST: WOYn t0 an SU SCYI e e ore me t IS 7t 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/Cara Leahy White
Cara Leahy White, Interim City Attor-
ney
IPLO159743
Feb 16 2024
Notary Public in and for the state of Texas,residing in
Dallas County
r
= , TEP"H IIE HIATO-HER
y Notalr, I 4 13 5 .
Expiros January 14,20.28
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