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HomeMy WebLinkAboutOrdinance 3845 ORDINANCE NO. 3845 SPECIAL USE PERMIT CASE ZC23-0088 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 SECONDHAND GOOD DEALER TO BE LOCATED AT 6246 RUFE SNOW DRIVE; 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 3.93 acres of land located at 6246 Rufe Snow Drive (the "Property") has filed an application for a special use permit for a secondhand goods dealer; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on March 7, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 25, 2024, with respect to the special use permit described herein; and Ordinance No. 3845 ZC23-0088 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 secondhand goods dealer on 3.93 acres of property described as Lot 4R, Block 1, Northland Shopping Center Addition, commonly referred to as 6246 Rufe Snow Drive, 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. 3845 ZC23-0088 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 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 25th day of March, 2024. Ordinance No. 3845 ZC23-0088 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar T o, Mayor ATTEST: ,�• . ��- tly 11-bra, Alicia Richardson h y� City Secretary/Chief GoverfratiVWW APPROVED AS TO FORM AND LEGALITY: fi ara L ahy hite, In enm City ttorney APPROVED AS TO CONTENT: Clayton Corn ck, Director o lanning Ordinance No.3845 ZC23-0088 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3845—Page 1 of 1 Special Use Permit Case ZC23-0088 Lot 4R, Block 1, Northland Shopping Center Addition 6246 Rufe Snow Drive, North Richland Hills,Texas Being Lot 4R, Block 1, Northland Shopping Center Addition, in the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-211, Page 3, Plat Records, Tarrant County, Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3845—Page 1 of 2 Special Use Permit Case ZC23-0088 Lot 4R, Block 1, Northland Shopping Center Addition 6246 Rufe Snow Drive, 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 secondhand goods dealer on the property for a maximum floor area of 28,000 square feet. 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. Lighting on the site must comply with Section 118-728 (Outdoor lighting) of the zoning ordinance and the standards described below. a. All pole-mounted light fixtures must be adjusted to a 90-degree angle so that light is directed downward. b. The wall packs on the rear of the building must be replaced with conforming fixtures. 2. The parking lot on the property must comply with the following standards. a. The parking spaces adjacent to Rufe Snow Drive must be converted to parallel parking spaces. The spaces must have a stall depth of eight (8) feet and stall width of 22 feet. b. If the parking spaces are not converted to parallel spaces, the spaces must be removed, and a fifteen-foot (15-foot) landscape setback installed as required by Section 114-71 (Landscaping regulations) of the Code of Ordinances. 3. Refuse container enclosures must be constructed or renovated for all refuse containers on the lot. The enclosures must comply with the standards contained in Section 118-874 (Screening of outdoor refuse containers) of the zoning ordinance. 4. The site improvements required by this subsection must be completed prior to issuance of a final Certificate of Occupancy for the secondhand goods dealer use. C. Operational standards. The operation of the secondhand goods dealer must comply with the standards described below. 1. The use of outdoor storage areas, containers, donation bins, or pods is prohibited. D. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the secondhand goods dealer 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. E. 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 Exhibit B— Land Use and Development Regulations—Ordinance No. 3845—Page 2 of 2 Special Use Permit Case ZC23-0088 Lot 4R, Block 1, Northland Shopping Center Addition 6246 Rufe Snow Drive, North Richland Hills,Texas amendment or revision must include all land described in the original ordinance that approved the special use permit. 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; 2. Change the uses approved; 3. 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