HomeMy Public PortalAboutOrdinance No. 1172-10 07-13-2010 1172-10
CITY OF 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 GRANTING A SPECIAL USE PERMIT
PERMITTING OPERATION OF AN AUCTION HOUSE LAND USE ON
CERTAIN PROPERTY LOCATED AT 7500 BAKER BLVD.; PROVIDING
FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT
SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; 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, codified as Chapter 90 of the City Code, and a comprehensive
zoning 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, in accordance with the Comprehensive Zoning Ordinance, the owner of the
property referenced below has filed an application for a Special Use Permit for an "Auction House"
land use in the "C-3" Multi-Story General Commercial Zoning District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on the 7th day of June, 2010, and by the City Council of the City on the 13th day of July, 2010,
with respect to the 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
PROPERTY RE-ZONED
Chapter 90 of the City Code, 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 No.: SUP 04-10
Applicants: Orbitbid.com and Rewal Corp II
Property Address: 7500 Baker Boulevard, Richland Hills, Texas
Legal Description: Block 7 of the Midway Place Addition to the City of Richland Hills
Zoning Change: The property shall be located in the "C-3" Multi-Story General
Commercial Zoning District, and a Special Use Permit permitting
operation of an Auction House land use is hereby granted subject to
the terms and conditions provided herein.
SECTION 2.
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
The zoning districts, boundaries and uses as herein established herein have been made in
accordance with the comprehensive plan for the purpose ofpromoting the health, safety, morals and
general welfare of the community. They have been designed to lessen congestion in the streets, to
secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population, to 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 official map of the City is amended and the City Secretary is hereby directed to reference
such change on the official zoning map to reflect the changes approved herein.
SECTION 4.
ZONING ORDINANCE AND SPECIAL TERMS AND CONDITIONS APPLICABLE
The use of the property described herein shall be subject to all the applicable regulations
ORDINANCE GRANTING SUP TO ORBITBID.COM AT 7500 BAKER BLVD. PAGE 2
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contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
of the City, for the zoning district into which they have been assigned. In addition, use of the
property described above shall be subject to the following restrictions, terms and conditions:
1. All business, servicing, or processing shall be conducted within completely enclosed
buildings, except for temporary off-street loading, while using the business or service.
2. All truck and trailer parking and storage shall be at the loading docks or to the east of the
main structure. Truck and trailer parking and storage in the parking field north of the
building shall be prohibited.
3. The SUP shall continue for a term of the duration of the leasehold interest of Orbitbid.com
or five years, whichever is shorter, after which time it shall expire and be of no further effect.
4. Use of the property shall be subject to the restrictions, terms, and conditions contained in the
statement of operations attached hereto as Exhibit A, which is incorporated herein by
reference..
5. If a certificate of occupancy is not approved within 30 days of approval of the SUP, the SUP
will be considered null and void.
SECTION 5.
ORDINANCE CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances of the City of Richland Hills
affecting zoning and land use, as amended, 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 ofthis ordinance.
SECTION 6.
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 ofthis 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, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the
provisions ofthis ordinance may be subjected to such civil penalties as authorized by law.
SECTION 7.
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
ORDINANCE GRANTING SUP TO ORBITBID.COM AT 7500 BAKER BLVD. PAGE 3
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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.
SECTION 8.
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 of this 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 as required
by law.
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 T ~ DAY O , 2010.
HONORABLE A L. RAGAN, MAYOR
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ORDINANCE GRANTING SUP TO ORB BID.COM AT 7500 BAKER BLVD. PAGE 4
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APPROVED O FORM AND LEGALITY:
UUU
TIM G. SRALLA, CITY ATTORNEY
ORDINANCE GRANTING SUP TO ORBITBID.COM AT 7500 BAKER BLVD. PAGE S
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