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Home My Public Portal AboutOrdinance No. 1228-12 04-03-20121228-12 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 THE OPERATION OF A COMMERCIAL LANDSCAPE FACILITY LAND USE ON CERTAIN PROPERTY LOCATED AT 7520 BAKER BOULEVARD, RICHLAND HILLS, TEXAS ; 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 a Commercial Landscape Facility land use in the "Multi-story Commercial" (C-3) Zoning District; and WHEREAS, apublic hearing was duly held by the Planning and Zoning Commission of the City on the 2nd day of April, 2012, and by the City Council of the City on the 3rd day of April, 2012, 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 grant such permit on the terms and conditions described herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. SPECIAL USE PERMIT GRANTED Chapter 90 of the City Code, as amended, is hereby amended so that a special use permit is granted as shown and described below: Applicant: TruGreen/Bnrmlow Properties, LLC Property Address: 7520 Baker Blvd., Richland Hills, Texas Legal Description: Lot A138, Tract 2C, Hamilton Bennett Survey Addition, Richland Hills, Texas Zoning Change: The property shall remain located in the "Multi-story Commercial" (C-3) Zoning District, and a Special Use Permit permitting the operation of a Commercial Landscaping Company land use, which shall include the performance of routine maintenance on fleet vehicles including oil changes and minor mechanical repair, is hereby granted subject to the terms and conditions provided herein. SECTION 2. ACCORDANCE WITH COMPREHENSN'E 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. 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 C?rdinance 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 site plan attached as Exhibit "A" and permit overview attached as Exhibit "B" both of which are incorporated herein by reference. ORDINANCB GRANTING SPECIAL U3E PERiVIrr FOR A COMMERCIAL LANDSCAPING COMPANY LAND USE PACE 2 W:Utichland Hills~OrdmancelZoninglCommereial Landscaping Company SUP.saw.wpd SECTION 4. 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 5. 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 of this ordinance may be subjected to such civil penalties as authorized by Iaw. SECTION 6. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the Ciry 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 maybe prosecuted until final disposition by the Courts. SECTION 7. 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 oftheremaining 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. ORDWANCE GRANTING SPECIAL USE PERMIT FOR A COMMERCIAL LANDSCAPWG COMPANY LAND USE PAGE 3 W:Utichland HillslordinancclZoninglCommcrcial Landscaping Company SUP.sew.wpd SECTION 8. 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 Iaw. SECTION 9. 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 THIS ~ DAY OF ~ , 2012 T ONORABLE DAVID L GAN, MAYOR ATTEST: \\`\\~~~~~ i n u u u rrrr~~r~/ ..~ •' ~; INDA CANTU, TMRC, CITY SECRETARY `~ •• ~" _~ ;V ( y_ EFFECTIVE: ~ ~ ~ ~, ~% ~.~\ munm~~ APPROVED AS TO FORM AND LEGALITY: 6L~ CITY ATTORNEY ORDINANCE C12ANTING SPECIAL, USE PERMIT FOR A COMMERCIAL LANDSCAPING COMPANY LAND USE PAGE 4 W:1Richland HiItslOrdinance~ZoninglCommcrcial Landscaping Company SUP.saw.wpd