HomeMy Public PortalAboutOrdinance No. 1195-11 04-26-2011CITY OF RICHLAND HILLS ORDINANCE NO.
1195-11
AN ORDINANCE GRANTING A SPECIAL USE PERMIT PERMITTING
OPERATION OF AN "AUTO SALES, NEW AND USED" LAND USE ON
CERTAIN PROPERTY LOCATED AT 6611 BAKER BOULEVARD;
ESTABLISHING CERTAIN CONDITIONS FOR SUCH PERMIT;
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 "Auto Sales, New
and Used" land use in the "C-2" General Commercial Zoning District; and
W HEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on the 7th day of March, 2011, and by the City Council of the City on the 26th day of April,
2011, 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 [T ORDAINED BY TIIE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION I.
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 O l -11
Applicant: Lori Sivertson, owner, and Ron Powers, prospective operator
Property Address: 6611 Baker Boulevard, Richland Hills, Texas
Legal Description: Block G, Richland Hills Addition to the City of Richland Hills
Zoning Change: The property shall be located in the "C-2" General Commercial
Zoning District, and a Special Use Permit permitting operation of an
Auto Sales, New and Used" 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 of promoting 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.
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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
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 all restrictions, terms and conditions contained in the
permit application attached as Exhibit "A," which is incorporated herein by reference, and the
following conditions:
a) All business, storage of inventory, servicing, and processing shall be conducted within
completely enclosed buildings, except for temporary off-street loading directly related to the
operation of the permitted business.
b) The Special Use Permit (SUP) shall continue for a term of the duration of the leasehold
interest of the named prospective operator or for five years, whichever, is shorter, after which
time it shall expire and be of no further effect.
c) The hours of operation shall be by appointment only between the hours of 9:00 a.m. and 9:00
p.m. Monday through Saturday.
d) A monthly vehicle inventory list shall be provided to the Planning and Community
Development Department no later than the 5th day of each month. The vehicle inventory list
shall include: vehicle identification numbers, vehicle make, vehicle model, vehicle mileage,
date of purchase, and date of sale.
e) The business owner or operator shall, during working hours and at other reasonable times,
open all inventory to inspection by any member of the Richland Hills Police Department.
f) The vehicle batteries shall be disconnected while vehicles are parked on display.
g) Fuel in fuel tanks shall not exceed one-quarter tank or five gallons, whichever is less, while
the vehicles are parked on display.
h) Fuel tanks and fill openings shall be closed and sealed to prevent tampering while the
vehicles are parked on display.
I) Vehicles are not to be fueled or de-fueled within the building.
j) The business owner or their designee shall, during working hours and at other at reasonable
times, make available the leasehold for fire safety inspection by any member of the Richland
Hills Fire Department.
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k) The maximum number of vehicles, determined at the time of certificate of occupancy review,
shall be the maximum number permitted within the leasehold.
1) The business owner or their designee shall, during working hours and at other reasonable
times, make available the leasehold for inspection by any member of the Planning and
Community Development to ensure the conditions of approval of the SUP are met.
m) Excessive notices of violations or excessive citations shall be grounds for reconsideration
of the Special Use Permit. If excessive notices of violations or excessive citations are issued
revocation of the SUP shall be a matter placed on the next available City Council meeting
for discussion.
n) If a certificate of occupancy is not approved within 30 days of approval of the SUP, the SUP
shall be considered null and void.
Failure to strictly comply with any of the above-referenced conditions shall be considered a violation
of the conditions of approval of the SUP, and subject the SUP to revocation.
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 indirect conflict with
the provisions of this 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 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, 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 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
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,
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both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the Courts.
SECTION S.
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.
EFFECT[VE 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 THIS ~~p DAY OF ~ , 2011.
TH NORABLE DAVID L GAN, MAYOR
AT ST:
LINDA CANTU, TMRC, CITY SECRETARY
EFFECTIVE:
APP~'OVE~ AS
d`~ - d~ 0
TIM G! SRALLA, CITY ATTORNEY
ALITY:
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ORDINANCE GRANTING SPECIAL LSE PERMIT FOR AUTO SALES, NE~V AND CSED LAND CSE PACE 5
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