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Home My Public Portal AboutOrdinance No. 1117-08 08-12-2008 1117-08 RICHLAND H[LLS ORDINANCE NO. AN ORDINANCE Ai<IENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE CO11°IPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY AMENDING THE REGULA"TIONS GOVERNING THE BOULEVARD 26 BUSINESS & STORAGE CENTER PLANNED UNIT DF.VELOPl1~1ENT CREATED IN ORDINANCE NO.1059-06 TO PERM°i ['C ADDITIONAL USES AND PROVIDED OTHER REGULATIONS REGARDING PARKING, DESIGN, SITE PLAN, AND DEVELOPi1iENT CRITERIA; RE-ZONING CERTAIN PROPERTY, SPECIFICALi_Y, LOT 11, BLOCK 2 OF THE WILLI<~tAN ADDITION TO THE CITY OF RICHLANll HILLS, TARRANT COUNTY, TEIAS, CURRENTLY ZONED AS C-2 GENERAL COA~iIViERCIAL, TO ADD IT TO THE PUD PLANNED UNIT DEVELOPMENT REFERENCED ABOVE, PROVIDING FOR THE AIViENDMENT OF THE OFFICIAL ZONING NIAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUI\~1ULATIVE 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 of the Local Government Code, the City has adopted 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, the City has previously enacted Ordinance No. 1059-OG creating the Boulevard 2G Business & Storage Center Plamied Unit Development; and WHEREAS, the owner of the Boulevard 26 Business & Storage Center Plam~ed Unit Development has requested expansion of the boundaries of the Plaruied Unit Development and has requested amendment of the regulations governing such Planned Unit Development; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on May 21, 2007, and by the City Council of the City on May 22, 2007, 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 WH EREAS, 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. DEVELOPMENT PLAN REGULATIONS AMENDED The regulations governing the Boulevard 26 Business & Storage Center Planned Unit Development created in Ordinance No.1059-06 (hereinafter referred to as "the Boulevard 26 PUD"), a copy of which is attached hereto and incorporated herein as Exhibit A, are hereby amended as follows: 1. The revised site plan for the Boulevard 26 PUD, attached hereto and incorporated herein as Exhibit B, including the elevations shown thereon, is hereby adopted as part of the regulations governing the as part of the amended PUD. 2. The pern~itted land uses on Lots 7, 8, and 9, as identified on the Site Plan for the Bo~~levard 26 PUD, attached hereto and incorporated herein as Exhibit B, are the following, and no others: The following uses as defined in Section 90-4 and listed in Section 90-201 under "PROFESSIONAL USES": Bank, Savings and Loan Association, Financial h~stitutions Offices, Business Offices Professional Office, Real Estate Development Tract or Field Office and the following uses as defined in Section 90-4 and listed in Section 90-201 under "COMMERCIAL, RETAIL, AND SERVICE USES": Ambulance Service Animal Grooming Antique Shop Apparel, Alteration or Tailor Appliance Repair, Household Art Gallery ORDINANCE A~IE\Dl\G 13017..E~'ARD 26 Bt'SINESS & STORAGE CENTER Pl'U A~tEND~IENT ORllLANC'E PAGE 2 1\~:`Richland I lilis!Ordinunce'L3oule~'ard 2G Business & Storage Center PUD Ordinance.igs.8.14.OR.final.~~pd Art Supply Store Bakery or Retail Confectionery Bakery or ~'~lholesale Candy Beauty, Barber or other Professional Shop Ceramic Products without Kiln Clothing Store Collectibles Shop Contractor, no outside storage Convenience Store, with or without Fuel Sales Copy Shop Cosmetic Tattoo Establishment Day Care Center, Adult Day Care Center, Child Department Store Factory Outlet, Retail or Wholesale Store Floor Covering Shop Florist Shop/Gift Shop Funeral Home/Mortuary Furniture or Appliance Store Furrier Shop Greenhouse or Plant Nursery Grocery Store Hardware Store Health clubfRecreation Facility Hobby Shop Hobby Studio, Private Laundry, Dry Cleaning Pickup and Receiving Station Laundry, Dry Charring Full-Service Laundry, Dry Cleaning Self-Service Leather and Luggage Store Lithography or Print Shop Locksmith Shop Meat Market Music Store New Machinery Sales and Repair (Heavy) Office Machine Sales and Service Office Supply Store Paint and Wallpaper Store Pet Shop Pharmacy Photo Service Pickup Photographic Equipment Sales and Service Picture Framing Shop URDI\A\('E AJIF.\UlVG BOt'LE.~'ARD 26 Bl'SIXESS & STORAGE CE\7ER PCD A31EVD~1F.\T ORDI:1\CE !'a(F. 3 1~':',Riciiimid Hi11s.OrJinance`•l3ouinvard ?6 [3usincss & Stixage Center PUD Ordinance.tgs.8Ja.08 linai.~~pd Radio, Television Studio Rental Store Restaurant Restaurant with Alcohol Second-Hand Retail Store Shoe Repair Sign Sales, Painted or Silkscreened Studio Sporting Goods Store Ticket Agency Tobacco Shop Travel Bureau or Consultation Video/Game Rental Store Watch and/or Jewelry Repair Window Covering Store 3. The only pet-~nitted land uses on Lots 10 and 11, as identified on the Site Plan for the Boulevard 26 PUD, attached hereto and incorporated herein as Exhibit B (also being the southernmost parking lot) are the following, and no others: Truck Leasing and Rental Recreational Vehicle Storage (Commercial) 4. The owner shall build and maintain in good condition a 6 foot high fence composed of engineered masonry panels with brick columns on the east and southwest sides of the southernmost parking lot, identified as Lots 10 and l 1 of the Boulevard 26 PUD, as shown on the Site Plan for the Boulevard 26 PUD, attached hereto and incorporated herein as Exhibit B. Additionally, if the land use on Lots 5 and G (the lot adjacent to the existing chain link fence shown on the site plan on the northwest side of Lots 10 and 1 I of the Boulevard 2G PUD (being the southernmost parking lot) changes in the filture tiom its current Auto Paint and Body use, the owner of the Boulevard 26 PUD shall then within sixty (60) days construct a matching fence composed of engineered masonry panels with brick columns in place of the chain link fence. 5. Lots 10 and 11, as identified on the Site Plan for the Boulevard 2G PUD, attached hereto and incorporated herein as Exhibit B (also being the southernmost parking lot) shall be a closed access area with two electric wrought iron gates providing access. Overnight truck parking shall be allowed in the six (6) most southern parking spaces on the east side, to permit nighttime truck rental retui7~s, but any tnicks must be moved inside the gated area by 9:00 a.m. G. All signage, except to the extent depicted on the approved Site Plan, shall be subject to the City's sign ordinance. ORDI\AK'E A~IE\DI~G 60l'LE~'ARD 26 F3USt\ESS & STORAGE C'E\TER P[`D AME\DJtE\T OltlllA\CE P:~GE J lV:`,Richland Hilis'~Ordinance`•[3oulecard ?G Business & Storage Center PUD Ordinance.tgs.8.1d.0A.tinal.~apd 7. All parking spaces on the property, except that located within the gated area described above, shall be open parking, as opposed to parking dedicated to any particular building, area, or tenant. 8. In all respects not addressed iu this section, the regulations of the C-2 General Commercial coning district shall apply. 9. To the extent that the attached Development Plan differs from the regulations applicable to the C-2 zoning district, the Development Plan shall control The Development Plan described abo~~e and the site plan attached hereto as Exhibit B are hereby incorporated into this amending ordinance, and shall be referenced on the zoning district map, and such 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. SECTION 1. PROPERTY RE-ZONED Chapter 9d, 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: Property Address: 7265 Vivian Lane, Richland Hi11s, Texas j Legal Description: Lot 1 1, Block 2, Willman Addition to the City of Richland Hills Zoning Change: From C-2 General Commercial to the PUD Planned Lnit Development referenced above Chapter 90 of the Richland Hills City Code, the City's comprehensive zoning ordinance, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: SECTION 2. ACCORDANCE WITN C01~IPRENENSIVE PLAN AND PURPOSES OF 'CONING The City Council Fnds that the changes to the zoning districts, boundaries, regulations and i 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 ofpopulation, and facilitate the adequate provisions of transportation, water, sewerage, packs and other public requirements. Theyhave 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 ORllI\AXCE A~IEXDI\G trOGLEYARD 26 BL?SIVESS & STORAGE CENTER Pl'U AJIF.VD~tENT ORDIA~C'E P:\GF S 1t':'ftichland Hills'=Ordinancr'13aulevard 26 Business & Stora~c Center PUD Ordinance.tgs.8.ld.p8.tinal.++pd and with a view of consel-~•ing the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. DIRECTION TO AI1tEND OFFICIAL ZONING 1\1AP The City Secretary is hereby directed to amend the official zoning map to reflect the changes in uses approved heroin. SECTION 4. SIGNAGF. APPROVED Except for the monument sign shown on the northeast corner of the property, the signage portrayed in the Site Plan for the Boulevard 26 PUD, attached hereto and incorporated herein as Exhibit B, is approved in lieu of, and not in addition to, other signage that would be permitted, and to the extent a variance would be required to pcrniit such signage, such variance is hereby approved, SECTION 5. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of Ordinance i\To. 500, as amended, and 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 in direct conflict with the provisions of this ordinance. SECTION 6. PENALTY Any person, 6rm or corporation who violates, disobeys, omits, neglects or refilses to comply with or who resists the enforcement ofanyof the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any person, firth or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance maybe subjected to such civil penalties as authorized by law. SECTION 7. RESERVATION OF RIGHTS ANll REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the City are expressly saved as to any and all violations of Chapter 90, as amended, or any other ordinance affecting zoning and land use that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. OR!)1\:\\CE A~IE\UI\G BOCLE\:4RU 26 Ilt`SI\ESS Sc STORAGE CE\TER PUll A\IE\D~IE~T ORDIA\CE PACE G 11`:`,Richland Hills`.Ordinance•dloule~arJ 2G Business ~ Storage Comer PUD OrJinartce.tgs.$.14A$.tinal.wpd i SECTION 8. 5EVERABILITY It is hereby declared to be the intention of the City Cowlcil 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 pleases, 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 9. 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 of this ordinance hvice as authorized by Section 52.013 of the Local Government Code. SECTION 10. 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. PASSED AND APPROVED ON THE ~d~ DAY OF , 2008. HONORABLE DAVID GAN, AY ATTEST: \ t,, ok !J, ~ NDA CANTU, CITY SECRETARY =v ;~4 ~ ~ EFFECTIVE: ~ ~ d.OD ~~~'r~~~l~;s;~nn?+~~``~~~~ ORUIXAYCE A\IEXDt\G 130t'LE~'ARD 24 13~'SIVF.SS & STORAGE. CE\TER PGU A~IE\DNE~T ORULA\CE PAGE 7 w:'Richland Hills'Ordinance E3oule~~ard 26 Business fi Storage Center Pl1D Ordinance.tgs.8.I~i.b8.tinal.upd APP VED T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY ORAI\ 1\CE A~[E~gI~G BOl LE~'.ARU 26 Bt'SI\E5S S STOILaGE CENTER Pl'q A~iF.~D~IE~T ORg1AXCE PAGE S ~1':`.Richlund Bills:Ordinance'Boule~•rrd 26 Business & Storage Center PC'D Ordinance.tgs.8.1d.08.linal.wpd r. - _ - - _ r ~ i F. . ~ - v.. r ilW..,,a ti ~ _ . 61 0 E lur iCIIK \ Y~y ~f ~ n ~ ~ ::~~,..:r~ OFF srREc PA¢~NG rA~ ~ _ ~ ~ ~ wt MRS ~MK+n w , ~ :0.]tl IU•lU u'1'~tV aNw~OC fIN 1r q YKb 1 f ~ JS tra...a aonaaf. . n:csa ~ . u r 11~ ~ 1'~~ IiNK ?MY:fr fa Y+cea ~ y i ~ ~ - SUILDihF ~ O`1rRAGE ~ '1.. / - - ~ ~ - - 0 ~y.i ac.~e ma ~ ~r ~ ~ i ~ oxc-~ lu. o~ ~~1':,~ rtT.ly,>c4wtgt/ t ~ - i~.s9 1;1.9 YY 4.~ ~ ~ ~ ,'ML'Y~S~vICh'N y', \ ,`.,-.:m cw't~un •.v_.'ar r: k .r. -a'p't ~ ~ .i., \ d - LL17 10 _+1 t L0T 9 _ 4 A , :a F"-~+ ~ ? t a ~ N f ~ ~..p- _ _ . . E ~ Tf, i ~ I : i i I i, ' r I i ~ ~~r - ~ - I x i3~ x - , .4r.__ - ----sa'mi im:ar I I ~ i _ _ ' _ . 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