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HomeMy WebLinkAboutOrdinance 3853 ORDINANCE NO. 3853 ZONING CASE ZC24-0091 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 WINE BAR AT 5600 RUFF SNOW DRIVE; 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 Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS„ the owner of the property containing approximately 1.98 acres of land located at 5600 Rufe Snow Drive (the "Property") has filed an application for a special use permit for a wine bar; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 2, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 28, 2024, with respect to the zoning change described herein; and i Ordinance No.3853 ZC24-0091 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 wine bar on Lot 1, Block 35, Holiday West Addition, commonly referred to as 5600 Rufe Snow Drive, as described 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 Managing Director of Development Services 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. 3853 ZC24-0091 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 28th day of May, 2024. CITY OF NORTH RICHLAND HILLS -J k McCarty, Mayor Ordinance No. 3853 ZC24-0091 Page 3 of 4 ...................................................................................................--------- ATTEST: . r a r Alicia Richardson .a City Secretary/Chief Goveman) e,"Officer APPROVED AS TO FORM AND LEGALITY: Bradley Ande , nterim City Attorney APPROVED AS TO CONTENT: Clayton Comstock ' Managing Director of Development Services Ordinance No. 3853 ZC24-©091 Page 4 of 4 Exhibit B—Land Use and Development Regulations—Ordinance No. 3853—Page 1 of 1 Special Use Permit Case ZC24-0091 Lot 1, Block 35, Holiday West Addition 5600 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 are specific to this Special Use Permit. Where these regulations conflict with or overlap with another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land use. A special use permit is authorized for a wine baron the property. B. Operational standards. The operation of the wine bar must comply with the standards described below. 1. The retail sales of alcoholic beverages for on-premises consumption must not exceed seventy-five percent (75%) of the establishment's gross revenue. 2. The special use permit does not authorize or permit certification by the City of a mixed- beverage license or permit for the establishment at the location. C. Expiration, The special use permit will expire three (3) years from the effective date of this ordinance. If the wine bar is still in operation at the time of expiration, the business will 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. 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. "I' ll "I'll ----------------------------------------------------------------------..... � Nt�x.ay I[ unQ " ss MONS H3flu 0099 Hod TAB' NOIIvDI'IddyJAWHadasfl'I�IDadS ?> aG a� •� W I F �a i I o a 911 alias f oil alias 91T aims I k n w mr, 0 w rea A . 80i 3SLC16 � e LOT HIMS � 4� a rn 991 alias i 99T alias b c m �I TO[s,cros � aj _ Half 3 xt,iS,lns f;c"1 l" d f VA OM,L O,LNI Q'SQIAIQ A�V '. P H AAppyy���-ryry tawtm va��}��aw/....r ��/�,�� /^yl-Y IISJ'4d G7g M +Tk.�m s APJ I mollas sll!H PueMOW @ jnH eVJv6JeW LSZSL X1 SY11VO 'OL9# AVMa3 VA NOSNHOf 9 NOONA1 t L ig I NVA 31M IXMM NV-ld a3SOdOMd VZ .0-3=.,94 :31VOS < a: z (S3N H0VVq-08VW 6 0 LL 9 'V2�l GNIII9 UJ °3 7 7�, olivi 0 Z Z uj IV, v iviol 0 CL SIVIS I DONnOl SIV3S9[ V9 Nl ONIIVAS HOIH SMS oz 0 'Id INnoo ONIMS ---------- TN—IN 3 3ONnoi r4 OL m S vo ko — z V,- ONUVW 'A I�N, x CL 72 .............. x ............... ........... o 9940M 801s7—N21401I)l >, d t L-j ..........- RO-10 13 ------------------- A-�6 --------------............... -------------- - ------............. ---------------------------- ----------- ............. --------------------- The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer McClatchyCentreDaily Times The Islandn City Rock acr I The Herald Sun Herald The Kansas Herald-Leader y Star The Sacramento Bee Idaho Statesman Lexington Her 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 558280 Print Legal Ad-IPL01758030-IPL0175803 Traci Henderson $4532 1 47 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 Mary Castro,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, NORTH RICHLAND HILLS OF after being duly sworn,did depose and say that ORDINANCE NO.3853 the attached clipping of an advertisement was NOI11 RICHLAND HI LLS,LiS CITY RI-IITEXAS, published in the above named paper on the listed AMENDING THE ZONING ORDINANCE dates: OF THE CRY 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 WINE BAR AT 5600 RUFE SNOW DRIVE;PROVID- 05/31/24 ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANC- ES:PROVIDING FOR SEVERABILRY: ESTABUSHING A PENALTY;FROVID- ING FOR SAVINGS;PROVIDING FOR PUBUCATION; 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 14, 1 ( . C) punishable hereunder. �+-1 ` i../'✓ PASSED AND APPROVED on this 28th day of May,2024. CRY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor ATTEST: Sworn to and subscribed before me this 11th day of /s/Alicia Richardson Alicia Richardson June in the year of 2024 City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Bradley Anderle Bradley Anderle,Interim City Attorney IPL0175803 May 31 2024 Notary Public in and for the state of Texas,residing in Dallas County e;: ter; STEP}L NIE HATCHER *: .*- My Notary lfl#13353 $ - - '1;«br I: Wires January 14,2O2 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!