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HomeMy WebLinkAboutOrdinance 3893 ORDINANCE NO. 3893 ZONING CASE ZC24-0120 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 CONTRACTORS OFFICE WITH SHOP AND GARAGE TO BE LOCATED AT 5109 COMMERCIAL DRIVE; 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 owner of the property located at 5109 Commercial Drive (the "Property") has filed an application for a special use permit for a contractor's office with shop and garage; 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 special use permit described herein; and Ordinance No.3893 ZC24-0120 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: The Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a contractor's office with shop and garage on 1.046 acres of property described as Lot H-R, Block 14, Richland Terrace Addition, commonly referred to as 5109 Commercial 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 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 Planning Director 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: 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. Ordinance No. 3893 ZC24-0120 Page 2 of 4 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 24th day of February, 2025. CITY OF NORTH RICHLAND HILLS k McCarty, Mayor Ordinance No.3893 ZC24-0120 Page 3 of 4 ATTEST: 1oe oCHL,i , A. 1)-ktZt- ,112-4 -4(e—Lril s4R-7 Alicia Richardson :O h City Secretary/Chief GovernOffi.er',a-\/>' APPROVED AS TO FORM AND LEGALITY: Bradley A. derle, City Attorney APPROVED AS TO CONTENT: 0/./ iNamk Cori Reaume, Director Planning Ordinance No.3893 ZC24-0120 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3893—Page 1 of 1 Special Use Permit Case ZC24-0120 Lot H-R, Block 14, Richland Terrace Addition 5109 Commercial Drive, North Richland Hills,Texas BEING Lot H-R, Block 14, Richland Terrace Addition, according to the plat thereof recorded in Volume 388-167, Page 62, Plat Records,Tarrant County,Texas. Exhibit B— Land Use and Development Regulations—Ordinance No. 3893—Page 1 of 1 Special Use Permit Case ZC24-0120 Lot H-R, Block 14, Richland Terrace Addition 5109 Commercial 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-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 land uses. A special use permit is authorized for a contractor's office with shop and garage on the property. B. Site development standards. Development of the property shall comply with the development standards of the C-2 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit"C." 2. Any nonconforming wall pack or light fixtures on the building and site must be replaced with conforming fixtures. 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. C. Expiration.The special use permit will expire three(3)years from the effective date of this ordinance. If the contractor's office with shop and garage 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. 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. 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BONDURANT, JR., PUBLISHER CITY OF of the COMMERCIAL RECORDER,am over the age NORTH RICHLAND HILLS of 18, have knowledge of the facts stated herein, ORDINANCE E OF THE AN ORDINANCE THE and am otherwise competent to make this CITY OF NORTH RICHLAND HILLS,TEXAS,AMENDING affidavit. The COMMERCIAL RECORDER, of Fort THE COMPREHENSIVE PLAN AND THE COMPREHEN- Worth,Tarrant County, Texas, is a newspaper of SIVE ZONING ORDINANCE general circulation which has been ublished in- BY APPROVING A SPECIAL `� USE PERMIT TO ALLOW Tarrant County regularly and continuously for a A CONTRACTORS OFFICE WITH SHOP AND GARAGE period of over one year prior to the first day of TO BE LOCATED AT 5109 COMMERCIAL DRIVE;PRO- publication of this notice. The COMMERCIAL VIDING THAT THIS ORDI- RECORDER is qualified to publish legal notices NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; according to Article 28e, Revised Civil statutes of PROVIDING A SEVERABIL- ITY CLAUSE;PROVIDING A Texas. PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAV- I,solemn) swear that the notice hereto attached INGS CLAUSE; PROVIDING y FOR PUBLICATION; AND was published in the COMMERCIAL RECORDER, PROVIDING AN EFFECTIVE DATE. on the following dates,to-wit: Any person, firm or cor- poration violating any pro- February 28,2025 vision of the Zoning Ordi- nance and the zoning map of the City of North Richland ilAjlt3' Hills as amended hereby shall be deemed guilty of a misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed Sworn to and subscribed before me this Two Thousand Dollars ($2,000.00). Each day any such violation shall be al- 28th day of February,A.D. 2025 lowed to continue shall con- stitute a separate violation ad be punishable heeunder.PASSED AND APPROVED on this 24th day of February, Notary Pub c,Tarrant County,Texas 2025. CITY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Ler - ----- Jack McCarty,Mayor . O,JR ATTEST: ` ;: FEUPE FACi1ND., :*: I;•Notary ID#r 12997,a.30£i /s/Alicia Richardson `Y.y, Alicia Richardson �: .re Pali 20,M City Secretary/ ---- Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: /s/Bradley A.Anderle Bradley A.Anderle, City Attorney 2-28