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HomeMy WebLinkAboutOrdinance 3842 ORDINANCE NO. 3842 ZONING CASE ZC24-0094 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 HELIPORT/LANDING FIELD FOR A DRONE DELIVERY SERVICE AT 6401 NE LOOP 820; 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 25.09 acres of land located at 6401 NE Loop 820 (the "Property") has filed an application for a special use permit to construct a heliport/landing field; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 15, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 26, 2024, with respect to the special use permit described herein; and Ordinance No. 3842 ZC24-0094 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 heliport/landing field for a drone delivery service on Lot 1R, Block 6, Tapp Addition, commonly referred to as 6401 NE Loop 820, 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 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. 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 Ordinance No. 3842 ZC24-0094 Page 2 of 4 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 as required by law, if applicable. SECTION 11: This ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of February, 2024. CITY O ORTH L ILLS By: Oscar evin ayor Ordinance No. 3842 ZC24-0094 Page 3 of 4 !'ir7 7,Fr, ATTEST: Eat 4.1-;:t.,, ...W-4-z-g-k..A.AdA:41."....h Alicia Richardson ` • : `!,.>�' City Secretary/Chief Governanbrg AP OVED A TO FORM AND LEGALITY: Ca Leahy White, I erim City Attorney APPROVED AS TO CONTENT: Clayton Co ock, Director Tanning Ordinance No. 3842 ZC24-0094 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3842—Page 1 of 1 Special Use Permit Case ZC24-0094 Lot 1R, Block 6,Tapp Addition 6401 NE Loop 820, North Richland Hills,Texas BEING Lot 1R, Block 6,Tapp Addition, an addition in Tarrant County,Texas, according to the map or plat thereof recorded in Cabinet A, Slide 4852, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3842—Page 1 of 1 Special Use Permit Case ZC24-0094 Lot 1R, Block 6,Tapp Addition 6401 NE Loop 820, 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 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 use. A special use permit is authorized for one (1) heliport/landing field for drone delivery services on the property. B. Site development standards.The site development must comply with the standards described below. 1. The size of the landing field must not exceed five thousand (5,000) square feet. 2. The fence around the landing field may be screened by a chain link fence, provided the fence is vinyl-clad or powder-coated in black or dark green. 3. A temporary storage container may be placed inside the fenced area for the storage of drone aircraft and associated equipment. 4. The size of the landing field must not exceed five thousand (5,000) square feet. C. Operational standards. The operation of the drone delivery service development must comply with the standards described below. 1. The drone delivery operations are considered a conditional permit and approval will expire on February 27, 2025.After such time,the property owner may seek approval by City Council to continue the drone delivery service operations. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit (SUP) shall be processed in the same manner as the original approval.The application for an amendment or revision shall include all land described in the original ordinance that approved the SUP. The city manager or designee may approve minor amendments or revisions to the SUP 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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',s9 1 Z - w O J w p -r 6�gty 1 & § ocwN a `+yyww �i 47�t "`6X t I i= w s N N p N W y a 1 0 yH < 5 w6yri L � — Fxk i tlb +::1/4`, ,t\--..._-- z i,' a a wp QFez�Iwd fa kI I t %itFh a I a . .ft° yam . . o Y_ . u a a Z .n mpw<OQ4 3 ~ a oWwa�• v � , ztv • d UQ2NTel The Beaufort Gazette Durban 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 5255% Print Legal Ad-IPLO1618440-IPLM61M $47.00 1 49 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.3842 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 ZONING ORDINANCE dates: OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS,TEXAS BY APPROVING A SPE- 1 insertion(s)published on: CIAL USE PERMIT FOR A HELIPORT/ LANDING FIELD FOR A DRONE DELIV- 03/01/24 ERY SERVICE AT 6401 NE LOOP 820; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES;PROVIDING FOR SEVER- ABILITY; 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 26th day of February 2024. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor worn to an subscribedbefore me this 1st ay o ATTEST: March in the year of 2024 /s/Alicia Richardson y Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White Cara Leahy White, Interim City Attor- ney IPL0161844 Mar 2024 Notary Public in and for the state of Texas,residing in Dallas County r TEP,NMIE HIATO-HER y Notar, I 4 13 5 . *41 p. Expiros January 14,20.28 Extra charge for lost or duplicate affidavits. Legal document please do not destroyl