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HomeMy WebLinkAboutOrdinance 3896 ORDINANCE NO. 3896 ZONING CASE ZC25-0124 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 AMENDING PLANNED DEVELOPMENT 36 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF AUTHORIZING A HELIPORT/LANDING FIELD AS A PERMITTED ACCESSORY USE AT 9101 NORTH TARRANT PARKWAY; 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 City Council of the City of North Richland Hills previously approved Planned Development 36; and WHEREAS, Planned Development 36 requires Planning and Zoning Commission and City Council approval of all site plans for development on the property within the zoning district; and WHEREAS, the City Council previously consolidated all previously approved site plans into one ordinance; and Ordinance No. 3896 ZC25-0124 Page 1 of 4 WHEREAS, the owner of Lot 1A, Block 1, Wal-mart Addition, a portion of Planned Development 36, has filed an application to authorize a heliport/landing field as a permitted accessory use on a portion of the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 6, 2025, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 24, 2025, with respect to the zoning change 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: The Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised to authorize a heliport/landing field for a drone delivery service on Lot 1A, Block 1, Wal-Mart Addition, commonly referred to as 9101 North Tarrant Parkway, 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 revised planned development 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 Planning Director is directed to revise the official zoning map to reflect the revised Planned Development 36, 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. Ordinance No.3896 ZC25-0124 Page 2 of 4 SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, 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 be 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. 3896 ZC25-0124 Page 3 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 24th day of February, 2025. CITY OF NORTH RICHLAND HILLS J k McCarty, Mayor ATTEST: OCHL A 1,0, YV b ) r Alicia Richardson 1;,7 City Secretary/Chief Go1/610n4*C4fir �Fq FAQ, r APPROVED AS TO FORM AND LEGALITY: Bradley A. A erle, City Attorney APPROVED AS TO CONTENT: !\sb't Vittwv, Cori Reaume, Director of Planning Ordinance No. 3896 ZC25-0124 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3896—Page 1 of 1 Zoning Case ZC25-0124 Lot 1A1, Block 1,Wal-Mart Addition 9101 North Tarrant Parkway, North Richland Hills,Texas BEING Lot 1A, Block 1,Wal-Mart Addition, according to the plat thereof recorded in Cabinet A, Slide 12381, Plat Records, Tarrant County,Texas. Exhibit B— Land Use and Development Regulations—Ordinance No. 3896—Page 1 of 1 Zoning Case ZC25-0124 Lot 1A1, Block 1,Wal-Mart Addition 9101 North Tarrant Parkway, North Richland Hills,Texas The development of the property must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the development standards of Planned Development 36, as approved and amended by City Council on February 26, 2024 (Ordinance 3841). Where these regulations conflict with or overlap another ordinance,easement,covenant or deed restriction,the more stringent restriction shall prevail. A. Permitted use. The permitted uses and development regulations originally adopted by Ordinance 2548 for Planned Development 36 remain effective and in place.Additionally,one(1)heliport/landing field for drone delivery services is authorized on the property, subject to the standards described below. B. Site development standards. The site development must comply with the development standards of Planned Development 36 and 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. 5. Permanent electric power to the landing field must be established by February 25,2026.Service lines for electric power must be placed underground. After this date, the use of temporary generators is prohibited. 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 25,2028.After such time,the property owner may seek approval from the City Council to continue the drone delivery service operations. D. Amendments to Planned Developments. An amendment or revision to the Planned Development must 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 zoned the land to the PD district. 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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BONDURANT, JR., PUBLISHER OF THE CITY OF NORTH RICHLAND HILLS, AND of the COMMERCIAL RECORDER,am over the age THE ZONING MAP OF THE CITY OF NORTH RICHLAND of 18, have knowledge of the facts stated herein, HILLS,TEXAS BY AMENDING to make this PLANNED DEVELOPMENT and am otherwise competent 36 OF THE CITY OF NORTH affidavit. The COMMERCIAL RECORDER, of Fort RICHLAND HILLS FOR THE PURPOSE OF AUTHORIZ- Worth,Tarrant County, Texas, is a newspaper of 1NG A HELIPORT/LANDING FIELD AS A PERMITTED general-circulation which has been published in ACCESSORY USE AT 9101 Tarrant County regularly and continuously for a NORTH TARRANT PARK- WAY; PROVIDING THAT period of over one year prior to the first day of THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- publication of this notice. The COMMERCIAL NANCES; PROVIDING FOR RECORDER is qualified to publish legal notices SEVERABILITY;ESTABLISH- ING A PENALTY;PROVIDING according to Article 28e, Revised Civil statutes of FOR SAVINGS; PROVIDING FOR PUBLICATION; AND Texas. PROVIDING AN EFFECTIVE DATE. I,solemnly swear that the notice hereto attached Any person, firm or cor- poration violating any pro- was published in the COMMERCIAL RECORDER, vision of the Zoning Ordi- nance and the zoning map on the following dates,to-wit: of the City of North Richland Hills as amended hereby February 28,2025 shall be deemed guilty of a misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed C-1\j\rik— Two Thousand Dollars ($2,000.00). Each day any such violation shall be al- lowed to continue shall con- stitute a separate violation Sworn to and subscribed before me this and be punishable hereunder. PASSED AND APPROVED 28th dayof February,A.D. 2025 on this 24th day of February, 2025. CITY OF ter.—,- NORTH RICHLAND HILLS By:/s/Jack McCarty Notary blic,Tarrant County,Texas JackMcCarty,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson c_ _�::,. _ ..^",,1,e--g:,~m City Secretary/ Chief Governance Officer "1`° '' FF1 J FACl NDO,JR APPROVED AS TO FORM J ;2a:....' 0 1'x;-: '} it i Notfy 113#12a17 5308 AND LEGALITY. u�.. ,Ar /s/Bradley A.Anderle '•',;e��'tw:�' E` BCCI"'20'2026 Bradley A.Anderle, <r �•, v. City Attorney 2.7R