Loading...
HomeMy WebLinkAboutOrdinance 3859 ORDINANCE NO. 3859 ZONING CASE ZC24-0104 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 PERMANENT ACCESSORY BUILDING TO BE LOCATED AT 6800 MEADOW CREEK ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory dwelling unit for the purpose of varying from specific development standards; and Ordinance No. 3859 ZC24-0104 Page 1 of 4 WHEREAS, the owner of the property located at 6800 Meadow Creek Road (the "Property") has filed an application for a special use permit for a secondary living unit and permanent accessory building; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on July 18, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on August 12, 2024, with respect to the special use permit described herein; and 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 permanent accessory building Lot 9, Block 3, Morgan Meadows, commonly referred to as 6800 Meadow Creek 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 Site Plan 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 Managing Director of Development Services is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Ordinance No.3859 ZC24-0104 Page 2 of 4 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: 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 6: 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 7: 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 8: 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 9: 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 10: This ordinance shall be in full force and effect upon publication as required by law. Ordinance No.3859 ZC24-0104 Page 3 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 12th day of August, 2024. CITY OF NORTH RICHLAND HILLS ck McCarty, Mayor ATTEST: .rl wi�L Traci Henderson r.,. Assistant City Secretary 1 z;cir '' APPROVED AS TO FORM AND LEGALITY: ' I „.) Cara Leahy White, In rim City Attorney APPROVED AS TO CONTENT: Clay on Coms ck Managing Director of Development Services Ordinance No.3859 ZC24-0104 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3589—Page 1 of 1 Special Use Permit Case ZC24-0104 Lot 9, Block 3, Morgan Meadows 6800 Meadow Creek Road, North Richland Hills,Texas Being Lot 9, Block 3, Morgan Meadow,according to the plat thereof recorded in Volume 388-13, Page 50, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3859—Page 1 of 1 Special Use Permit Case ZC24-0104 Lot 9, Block 3, Morgan Meadows 6800 Meadow Creek Road, 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 RE-1 (Residential Estate). 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) permanent accessory building on the property. B. Permanent accessory building. The permanent accessory building must comply with Section 118-718(c) of the zoning ordinance and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C." 2. The accessory building must not exceed two thousand four hundred (2,400) square feet in floor area. 3. The wall height of the building must not exceed sixteen (16) feet. C. 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. 3 , , a • 7ri1 If) C3 " • 1��; .a , Cal. T3m i 5 wr r0: T � II'I5� .c{.o k _`. - i _ ry e,- r} no • g^�'s«t ( ') �� , y:£- �/ O G�. -..Viz-"- J 1 ,i r 0 to F 1.40 o , ' ..... .. �ram....$ — •• 7 S 1 " t y,�y,/y, .k.iu'".• _ '1 2. {r� M 0 ) �W ro n. � T V II If) co m • z v U " C fu C L 0 I 4 N 4-« X a : a) - �,., d Nr,w,,+ tn N « , U .. It s x . ..x, 4,4 . ` • .V s wEr"..1.4..'''',1...,,',:',.‘f!:':',:ei.11,:,.111;zily:',.., cc k T y { 4 f »wW, Ka". +,v= , 3 1. ' - - n� a j,0 �'A°P e �. * `d a a J.l 0 `..0 P 2 V\1 .ti : � "�„ , p2i ,aaao raopFa 'iy P tI y ,. w i r 4- _- . '^« ,. �! «°"".. «" 'ark ' I °: - - I 'II)I: Li m 4 0 OD o g d , , ; ;1 $ t I .,�s ,. a r a .b lI1 a " r a5 x` sa "x,�^`"ei8 qr r a s zsr } „"hx co ('n r' r, t s % a f .., , CD C I ch tt # a txra d LJ f0 # ':.r-saRu e' P"�"�"+a"`k + a, e" t saata":, a ', II k.i 13 3 a 'it a x 3 2 , r▪A &Fi a '# _ k 1 I "� ▪ #, a d 3 i i { a - . s SI P.0 I II rr x a -�., #"I 'I , * t IIII` 3 9* i tx 'txet' ,ht st tI t a s ° #s' ;x,a +In IIIIIIIIIIIIII W III IIIII, It.; agx a s ., c k it x 'M E IIIIIItelN tn ,' ,x,kxt' D o RI • x w • E:::i.. . .. ammo aroma CO .��r�.... ....;. .�..,..,y�... .,r,.• ,......... .. ..r.�.... , ....... .............. .,_.,.,.._ 4 "5 4, ti fE 1 , iIt room. CO (13 W M 4- 0 M a) bA co d 1 Q1 Lrl 00 M O Z a) U C co C 0 mn 2 L X W �-, E v a a) In D CO 0 0) O_ N U t X 0 UJ kk n ..,_....,. a a, w'4 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 CeMcClatchySun Herald Times The Kansas City ketyS Rock Hacr I The Herald Sun Herald The KatonHerySLr The Sacramento Bee 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 583554 Print Legal Ad-IPL01893370-IPL0189337 Ordinance 3859 $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 Mary Castro,Bid and Legal Coordinator for the Star- treasury@nrhtx.com;thenderson@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.3859 the attached clipping of an advertisement was AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, published in the above named paper on the listed TEXAS, AMENDING THE COM- dates: PREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING ALLOW A PE IAL °RMANENT ACCES-O 1 insertion(s)published on: SORT BUILDING TO BE LOCAT- 08/16/24 ED AT 6800 MEADOW CREEK ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PEN- ALTY FOR VIOLATIONS HERE- OF; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUB- LICATION;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 !" o 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 August,2024. Sworn to and subscribed before me this 16th day of CITY OF NORTH RICHLAND HILLS By:/s/Jack McCarty. August in the year of 2024 Mayor ATTEST: /s/Traci Henderson Assistant City Secretary APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White, Interim City Attorney IPL0189337 Aug 16 2024 Sterp44444.Le. Hafax Ir Notary Public in and for the state of Texas,residing in Dallas County NtZ STEPHANIE HATCHER *; 1�.. :*; My Notary ID 4133534406 d� Expires January 14,2026 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!