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HomeMy WebLinkAboutOrdinance 3855 ORDINANCE NO. 3855 ZONING CASE ZC23-0090 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 PET LODGING AT 8100 BEDFORD EULESS ROAD; 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 1.42 acres of land located at 8100 Bedford Euless Road (the "Property") has filed an application for a special use permit for pet lodging; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 6, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 24, 2024, with respect to the zoning change described herein; and Ordinance No. 3855 ZC23-0090 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 pet lodging use on Lot 1, Block 1, Garvon Addition, commonly referred to as 8100 Bedford Euless Road, 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 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. 3855 ZC23-0090 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 24th day of June, 2024. CITY OF NORTH RICHLAND HILLS lit ---72/(-4,7f---- Gdack McCarty, Mayor 1 Ordinance No. 3855 ZC23-0090 Page 3 of 4 ATTEST: .. • •C :'• • , Z : n • I: Alicia Richardson •' y.4 City Secretary/Chief Goverdi � APPROVED AS TO FORM AND LEGALITY: tU lea) Cara Leahy White, In3rim City Attorney APPROVED AS TO CONTENT: Clayton Cdrstock Managing Director of Development Services Ordinance No. 3855 ZC23-0090 Page 4 of 4 Exhibit A — Property Description —Ordinance No. 3855 — Page 1 of 1 Special Use Permit Case ZC23-0090 Lot 1, Block 1, Garvon Addition 8100 Bedford Euless Road, North Richland Hills, Texas BEING Lot 1, Block 1, Garvon Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 4309, Plat Records, Tarrant County, Texas. Exhibit B— Land Use and Development Regulations—Ordinance No. 3855—Page 1 of 1 Special Use Permit Case ZC23-0090 Lot 1, Block 1,Garvon Addition 8100 Bedford Euless Road, 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-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 a pet lodging business on the property. B. Operational standards. The operation of the pet lodging business must comply with the standards described below. 1. The maximum number of animals boarded or kept in the facility must not exceed one hundred (100) animals. 2. Ancillary services such as grooming and bathing is permitted, provided the floor area dedicated to these services does not exceed fifteen percent (15%) of the floor area of the building. 3. The use of outdoor runs or outdoor kennels is prohibited. C. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the pet lodging 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. 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. 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. Change traffic patterns. R 8 7A R � sA �• mo vvvvv...v. v (xxxx,xx. xv..x,Y,y Yxxx...xx vv..yxy.. YY.y,xyyY .wxx.,.xx ...v.Y yyY,�r.... ..vy'yy.. x.. vv.k,vy vvvvv„w...,.x.YYyy ...yx... xyx.y .Y....Yyyx..kY..,�,sj • y r N g §: (/. N y N y u y N y W E 5 No V. u N u y u N N H u C ie X o 0 + O , .N.. 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F. m m 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 McClatchy Centre raid Times The a Packet Rock Hill I The Herald IdahoSun Herald The ex Kansas City Sta-Lr The Sacramento Bee 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 I Identification Order PO I Amount I Cols I Depth 19363 I 568328 I Print Legal Ad-IPL01809250-IPL0180925 I Trad Henderson I $46.16 I 1 I 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 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, CITY OF after beingdulydid deposeand that NORTH RICHLAND HILLS sworn, say ORDINANCE NO.3855 the attached clipping of an advertisement was AN ORDINANCE R HLAND HILLS,S,CRY NORTH OF TEXAS, 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 CRY OF NORTH RICHLAND HILLS,TEXAS BY APPROVING A SPE- CIAL USE PERMIT FOR PET LODGING AT 8100 BEDFORD EULESS ROAD; 06/28/24 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 trhtCTIVE 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 r-11 (��s.q ,.( P(_,_(�y ' punishable hereunder. '! PASSED AND APPROVED on this 24th day of June,2024. CRY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor Al I EST: Sworn to and subscribed before me this 28th day of /s/Alicia Richardson Alicia Richardson June in the year of 2024 Gib/Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White Cara Leahy White,Interim City Attor- ney IPL0180925 Jun 28 2024 H Notary Public in and for the state of Texas,residing in Dallas County • " STE PHAN IE HATCHER *: :- My Notary ID#133534406 -'% ,Ito' Expires January 14,2026 Extra charge for lost or duplicate affidavits. Legal doainent please do not destroy!