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HomeMy Public PortalAboutOrdinance No. 1221-11 12-19-20111221-11 RICHLAND HILLS ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY CHANGING THE ZONING OF CERTAIN PROPERTIES, SPECIFICALLY, BLOCK 86, LOTS 3R1, 3R2, 3R3, AND 3R4 OF THE RICHLAND HILLS ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS C-2 GENERAL COMMERCIAL, TO PUD PLANNED UNIT DEVELOPMENT, ESTABLISHING REGULATIONS FOR SUCH DEVELOPMENT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; APPROVING SIGNAGE FOR SUCH PROJECT; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city 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, pursuant to Chapter 211 ofthe Local Government Code, the City has adopted ~,r a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and providing for a method to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning of the properties listed below was requested by persons or entities having a proprietary interest in those properties; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission on December 19, 2011, and thereafter by the City Council on December 19, 201 l,with respect to the proposed use changes described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with the comprehensive zoning ordinance and Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City does hereby deem it advisable and in the public interest to amend Chapter 90 of the City Code, as amended, as described herein; and WHEREAS, the proposed change is consistent with the City's comprehensive land use plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. PROPERTY RE-ZONED Chapter 90, as amended, is hereby amended so that the zoning of the hereinafter described areas shall be altered, changed and amended as shown and described below: Zoning Case: Z-02-11 Legal Description: Block 86, Lots 3R1, 3R2, 3R3, and 3R4 of the Richland Hills Addition Zoning Change: From C-2 General Commercial to PUD Planned Unit Development SECTION 2. ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The City Council finds that the changes to the zoning districts, boundaries, regulations and uses as herein established have been made in accordance with the City's zoning. code and comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to efficiently plan, control and organize development, lessen congestion in the streets, secure safety from fire, panic, flood and other dangers, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. DIRECTION TO AMEND OFFICIAL ZONING MAP The City Secretary is hereby directed to amend the official zoning map to reflect the changes in uses approved herein. SECTION 4. PROPERTY SUBJECT TO ZONING ORDINANCE The use of the properties hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Richland Hills, Texas, for the zoning district into which they have been assigned. The Planned Unit Development district created herein affecting above-referenced BUYERS BARRICADE PUD ORDINANCE PAGE 2 W:\Richland Hills\Ordinance\Drafts.tgs\Buyers Barricade PUD ordinance.tgs.12.14.1 l.wpd properties shall be specifically subject to the regulations applicable to the C-2 General Commercial zoning district except in the following respects: 1. The only permitted uses shall be those uses permitted inthe C-2 General Commercial zoning district and specifically, a barricade, sign and other traffic control equipment construction barricade, sales, leasing, and distribution facility. 2. The Site Development Plan attached hereto as Exhibit A is hereby incorporated into this amending ordinance, and shall be referenced on the zoning district map, and such Site Development Plan constitutes part of the City's comprehensive Zoning Ordinance, Chapter 90 of the City Code, and governs use of the properties referenced above, as provided in Section 90-241 of the City Code. To the extent that the attached Development Plan differs from the regulations applicable to the C-2 General Commercial zoning district, the Development Plan shall control. The parking and/or storage of fleet vehicles exceeding eight feet in height and construction barricade trailers not exceeding eight feet in height shall be permitted in the enclosed storage yard area shown on the Site Development Plan attached as Exhibit A. For purposes of this provision, "fleet vehicle" means a passenger vehicle which does not require a Commercial Drivers' License to operate, used primarily for business purposes and marked with business signage„ and "construction barricade trailer" means a trailer which houses, stores or transports or incorporates construction barricade signs or other traffic control equipment. SECTION 5. SIGNAGE APPROVED The signage portrayed in the Development Plan attached hereto as Exhibit B is approved, and, to the extent a variance would be required to permit such signage, such variance is hereby approved, in lieu of, and not in addition to, other signage that would be permitted. SECTION 6. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all other ordinances of the City of Richland Hills affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are indirect conflict with the provisions of this ordinance. SECTION 7. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is BUYERS BARRICADE PUD ORDINANCE PAGE 3 W:\Richland Hi]]s\Ordinance\Drafts.tgs\Buyers Barricade PUD ordinance.tgs.12.14.1 l.wpd permitted to exist shall constitute a separate offense. In addition, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any ofthe provisions ofthis ordinance may be subjected to such civil penalties as authorized by law. SECTION 8. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the City are expressly saved as to any and all violations of Chapter 90, as amended, or any other ordinance affecting zoning and land use that have accrued at the time of the effective date ofthis Ordinance and as to such accrued violations and all pending. litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 9. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10. PUBLICATION The City Secretary is hereby directed to publish in the official newspaper of the City the caption, penalty clause, publication clause, and effective date clause ofthis ordinance as required by law. SECTION 11. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. \\\\~,.~`G~'~$~~~,~ND APPROVED ON THE l"~ ~. DAY OF `~ ~ f~ O I =~ 1. ~y =~~ ~ gin= ' ~ y HONORABLE DAVI] /~/ ~•• \\ B~~'~~'1~~1~~F~»~ PUD ORDINANCE W:\Richlan ~ s Ordinance\Drafts.tgs\Buyers Barricade PUD ordinance.tgs.12.14.1 l.wpd 2011. . RAGAN, MAYOR PAGE 4 ATTEST: LINDA CANTU, CITY SECRETARY EFFECTIVE: ~ ~ - ,~ - ~O 4` APPROVED AS TO FORM AND LEGALITY: A, CITY ATTORNEY BUYERS BARRICADE PUD ORDINANCE PAGE 5 W:\Richland Hills\Ordinance\Drafts.tgs\Buyers Barricade PUD ordinance.tgs.12.14.1 l.wpd Richland Hills Planning and Zoning Commission DECEMBER 19, 2011 6:00 p.m. STAFF MEMORANDUM AND Applicants: Green Scaping Properties L. P. and Buyers Barricade Staff: Denice Thomas, AICP, Director of Planning and Community Development Item 7(b): Z 02-11 Buyers Barricade -Public hearing to consider and take action on a rezoning request for a proposed amendment to the Richland Hills Zoning Ordinance, Chapter 90 of the City Code, to change the classification of certain property located at Block 86, Lots 3R1, 3R2, 3R3 and 3R4 of the Richland Hills Addition to the City of Richland Hills, which property is generally located at the northeast corner of the intersection of Norton and Baker Boulevard, which application seeks to change the zoning on such property from the C-2 Commercial District to a Planned Development District, to allow for the operation of a business which offers the commercial sale and rental of signs, barricades and related equipment and trailers, and the storage, parking and minor maintenance of fleet vehicles and trailers, and to establish all pertinent regulations for such Planned Development District, including but not limited to permitted uses, fencing, landscaping, setbacks. I. Background A request has been submitted by Green Scaping L.P. and Buyers Barricade to rezone the undeveloped property located at the northeast corner of the Baker Boulevard/Norton Drive intersection from General Commercial (C - 2) District to a Planned Unit Development. II. Planning Analysis Overview Section 90-242 of the Code of Ordinances contains regulations governing Planned Unit Developments (PUD); which states in part, "The purpose of the PUD planned unit development district is to accommodate planned associations or uses developed as integral land use units such as industrial parks or industrial districts, office, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, or any appropriate combination of uses which may be planned, developed and operated as integral land use units either by a single owner or combination of owners." PAGE 1 OF ~ T:\BOARDS\PLANNING AND ZONING COMMISSION\STAFF REPORTS - 201 1 \PROJECTS\Z 02.1 1 BUYERS BARR-CADES\Z 02.1 1 BUYERS BARRICADE REZONING PZ CC STAFF REPORT l 21 J 1 1 .DOCX Zoning The property is currently zoned C - 2 District. The PUD request would have C - 2 as the underlying zoning with some modifications to accommodate the unique nature of the development. The table below provides an overview of the C - 2 requirements and an analysis of how the proposal complies with those requirements. C - 2 Requirements Standard Requirement Buyers Barricade Maximum Height 35 feet with one foot of Meets - the conceptual height for each additional elevation plan depicts three feet of setback not to approximately 22 feet in exceed 50 feet. height. Side Yard None Meets -the conceptual site plan depicts a 25-foot side yard setback. Front Yard 25 feet minimum Meets -the conceptual site plan depicts a 25-foot front yard setback from Baker Boulevard. Lot Size None Meets - 4 acres Building Size None Meets -the conceptual site plan depicts multiple buildings. The smallest of which has an area of 2,208 square feet. Masonry 60% of exterior walls Meets - the conceptual elevation plan depicts cast stone and brick exterior walls. Lot Frontage None Meets -the conceptual site plan depicts approximately 571 feet of frontage along Baker Boulevard. Lot Depth None Meets -the conceptual site plan depicts approximately 305 feet. Additional conceptual site plan components include 72 paved parking spaces divided between the east and west sides of the site, an eight-foot-tall fence along the northern property line adjacent to the alley that separates this site from the residential development to the north, as well as, eight foot tall wood fencing at all openings not covered by buildings to completely enclose the area. The existing roadway system in the area will accommodate development of the property. Baker Boulevard, a designated truck route, will be the primary access point to the site. PAGE 2 OF $ T:\BOARDS\PLANNING AND ZONING COMMISSION\.STAFF REPORTS - 201 1 \PROJECTS\Z 02.1 1 BUYERS BARRICADES\Z 02-1 1 BUYERS BARRICADE REZONING PZ CC STAFF REPORT 12191 1 .DOCX The development schedule proposed with the PUD does not contain any phasing. The PUD will be constructed all atone time. The PUD proposes to retain the underlying C - 2 zoning district uses along with fleet vehicle parking and storage, and a traffic control equipment rental and sales use. With these amendments the project as proposed meets the minimum requirements of the C - 2 district. Comprehensive Plan The Comprehensive Plan designates this area for Commercial Uses, which the Plan defined as, "Land and buildings wherein commercial activities of either a merchandising, service-oriented, or professional nature are conducted." Buyers Barricades sells and rents traffic control equipment. Analysis Section 90-90 states, in part, "The proponent of any zoning change shall satisfy the city council that either the general welfare of all the city affected by the area to be changed will be enhanced, is in compliance with the master plan or that the property is unusable for the purposes allowed under the existing zoning. If such is proved to the city council's satisfaction, it may grant the requested change..." The property is currently zoned General Commercial District. The underlying zoning proposed by the applicant is General Commercial District. The Comprehensive Plan designates this area for Commercial Uses. The proposed zoning is consistent with the Comprehensive Plan. III. Draft Motion 1) Move to recommend approval of Z 02-11 Buyers Barricade, a request to rezone lots 3R1, 3R2, 3R3, and 3R4, Block 86 of the Richland Hills Addition from C - 2 to PUD. 2) Move to recommend denial of Z 02-11 Buyers Barricade, a request to rezone lots 3R1, 3R2, 3R3, and 3R4, Block 86 of the Richland Hills Addition from C - 2 to PUD . IV. Attachments a. Vicinity Map b. Aerial c. Application Packet d. Draft Ordinance PAGE ~ OF.3 T:\BOARDS\PLANNING AND ZONING COMMISSION\STAFF REPORTS - 201 1 \PROJEGTS~Z 02-1 1 BUYERS BARRICADES\Z 02-1 1 BUYERS BARRICADE REZONING PZ CC STAFF REPORT 12191 1 .DOGX ~ICII~iITY 1VIAP =~ , ~ .. -_ «., _ T-~ _ ~ ~ _1-: ~.- ~~~j ~' \I ,_ . ; _ - ... ~i __~_,~ • - 1- ~ -, . r .!L1 __ ~.1__ - ...1 ° ~~' ~~- 5 North Map not to scale If you have any questions or comments regarding this request please contact: Denice Thomas, AICP, Planning and Community Development Director j City of Richland Hills (817) 299-1870 I dthomas@richlandhills.com Lots 3R1, 3R2, 3R3, and 3R4, Block 86 of the Richland Hills Addition Use Undeveloped General Commercial (C-2) Zoning (North) Single Family Residential (R -1) General Commercial (C-2) General Commercial (C - 2) General Commercial (C-2) Meeting December 19, 2011 Time 6:0 0 p.m. (P & Z) 7:00 p.m. (Council) Location City Council Chambers 3200 Diana Drive Richland Hills, TX 76118 Z 02-11 Buyers Barricade - Aerial Photograph ~fla-I~ ~tTY` Owl' ~D 3200 DJ/WA DRiv~ ~ 1RtcHl.~nin wu,. s, 'rx 7's t ~ a PLANAIlNC3 AND C~MINUNI'TY C3EV[:LaDP~NCfiNT Zoning Amendment App~icat~ion ~' Zonl'ng -Use Change ^ PlJD Amendment ^ Zoning -Text Change Name G~M« Addres Contact Number gi7~STl-~9;~Qg ~-~xb Contad E-mail C~ ~'e ~., ~,..~=y~~T~, ~,,,,,~ i, the undersigned owner or authorized agent of the folh~rving described real p%party, located in the City of Richland Hills, Texas, hereby make a placation for a request for a zonir~ amendrnerrt. Signature Date ~~~'~ R~~~ C~r~.tf i~•~•w Applicant/Tenant infarrr~ation Name B.. rr~s $ s rte: s_.~„~. Z~ Address 3 7 a r' t s • S +.-. s - ~«r i w.r *~, Tx ? s i ~ ~ Number ,1 YI?~ t'~5'- '~ 1 Z 1 E-mag V l~ k ~~ Q. ~ir..T. ~t 4'~t~: +a~si ~ `.r Legal Description (P~tatted Pr©perty Only) ~1a1 Tract(s) lot (sj ~ R '~, , 3 R ?. '9a S, ~ R h , 5urvey(s) Block(s) Y& of R : ~ ~ ~,.i~ ct N:1~~ Addition to the City of Rkhland Hills. ; Street Address (If One Has Been Assigned) 7 `{ ° ~ ~Jtsr' Br •~ l ~ • • ~ , Richhnd Mails, TX 7 ~. 1 l Y (Street Address) (Zip Code) Prior to acceptance and phacemern tut an agenda all supporting demon aru# tMe $200.60 non- refundable eppikation fee must be readtrad. t~ilMg the application and payN-g tfie foe does noCguars~rtee Planning and ZoNng Commission or CRy Wundl appr~pval. Property Owner Information CI`t'`~' t)F RI~HLAI'~D HILLS, TE;~S 3200 DANA DRNE • RIGHCAND HILLS, TX 76'1 '18 PLANNING AND COMMUNITY DEVELOPMENT Property Information Area (Acres /Square Feet) Frorrt Yard Width (Feet) Rear Yard Width (Feet) Side Yard Widths (Feet) W.o~i7 1r~~es ;stn ,~~-- ~~ iwe ~;- ~,~ Zoning Existing Zoning District Proposed Zoning District ~z Pvt~ Proposed Use/Amendment Provide a detailed explanation of the proposed amendment. If you need additional spate you may submit a separate document on company letterhead signed by the owner or agent. S cc ~ ~} ecl.~c J C~T~ CAF RICHLAND I-IILLS, TE'~-.A~- __ 3204 DIAIVa- DRIVE • RICHLAND HIt..I.s, TX 76 i ] 8 Land Planner/Engineer's Information Name `t ~ +.1~ ~,.w.~:' 1. a .. Comparry Name M..,: .,, iD.,~~~ A. c. Title ~~~ ! C.. :..err Company Address Z y 1 pq': j L: ii .f Q Ir~ • 1+++, N~p~.. 'R.`~v~...~ /~t:1/ 'T'. Company Phone ~`~~T~ Z6Y- vY oY Company Fax Number l~c ~ ~) z >b ti - ~y • ~ E-mail Address K tierit ~+e.t ~+ ~...; ~b ••• ~..~7. c.w.. Land Planner/Engineer's Information Name ~..,.: ~, r ~ er .~.~ ; e k Company Name Title A r 4 ~..: +e~. ~ Company Address a~ ~.~ lrlrt ~ F.~w.r~~,cr 7si.i Company Phone t+rt ~ ~ Y , ~~y 36~ - Company Fax Number ~~~ ''r o - '+O7a E-mail Addre~ c~w~ ~~ ~.«r+...t.l~ a ~w.e. .~. i 1 ~.r CITY CAF R1CHI~AI'r~~t HIF,LSr T~~AS 3200 DIANA DlztvE • RLCHLAND Htt_t.s, TX 761 18 PLANNING AND COMMUNITY DEVELOPMENT Submittal Checklist Completed Application -Signed by the property owner and the applicant. Application Fee ement of Operation - A detailed statement on company letterhead signed by the respons/ble party that fully describes and explains the operatfon of the business. The statement s ould provide clear understanding of how the business operates. Legal Description -Surveyed metes and bounds description of the property (does not apply if the property has been platted). Site/Concept Plan -professionally produced document that depicts the property boundaries of the parcel, all easements and right-of--ways, aN improvements to be located on the site (e.g.: buildings, parking lots, etc.J to scale. Floor Plan -professionally produced document that depicts the layout of the building with the ~/ proposed uses of each space identified. Site Data Table -table that calls out the street address, zoning, propased use, required parking, .~ arking provided, setbacks (e.g.: front, rear, side ,building area, and site area. Addtt/onarl hems may be requested as port of the atajf nevJew process. BUYERS BARRICADES, INC. J November 15, 2011 www.bWersbarrlcaclei.com City of Richland Hills, Texas Planrring and Community Development 3200 Diana Drive Richland Ii~11s, TX 76118 To Whom It May Concern: Buyers Barricades, Inc. sells and rents all traffic control equipme~ servicing the public; including, but not limited to signs, cones, barricades, arrow and message boards, water barriers, vertical panels and TMA trucks. Our facility will encompass a fleet of trucks to support the deliveries, as well as trailers and forklifts used to transport or maneuver our equipment around on the yard or on job sites. Our intent will be to properly account for our inventories on site, with a much larger facility, as well as the ability and space to maintain them on the property. In addition to our corporate office and work areas, there will also be a docking area for deliveries of materials and supplies. The proposed amendment will allow for our trailers to be housed neatly with our fleet trucks in an organized mam~r on the property. We also plan to increase our fleet and inventories as we continue to grow. The current plan will allow for additional growing room, enabling us to retain an esthetically sustained work area. h', Monica Burkhalter Controller 370)5 E 1st, FoM Worth, TX 76111 Office (ti17) 535-3939 • Fax (t3T~ 831-7171 1 i ~ .i ~ i l i i ~ i I i . i f6 i ~ i i i i i i~r I i i i i t ~Z I ~Z „~,„, D' I I I I~~~I ~~'~~ I BUILDING "A" do "C' PLANS I BUILDING FIVE I . ~ NOT FDR ~FQIILATWY ~ AffROWll. r6pWfll1G, $ i a o. co-unuoan ~.: ~z {~ e D.1 (I I I~~' crnoxr niuenwcc BUILDING "B" PLANS I BUILDING FIVE MOT lOR ~LWUTOlY ~ Af-WVAI„rlGA1111N6, N - i oRCOnsrRUCHOU mc~wowu ~s d~ V° - -- - - I ~° _ _ ~ j ~ ~ ~ ~ R i ~ ~ a ~~ ! i N 1 ~! 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