HomeMy Public PortalAboutOrdinance No. 1242-12 12-04-2012CITY OF RICHLAND HILLS ORDINANCE NO. 1242-12
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 TO THE OPERATOR OF AN INTERNET BASED NEW
AND/OR USED AUTO SALES BUSINESS FOR CERTAIN PROPERTY
LOCATED AT 6908 BLVD. 26; 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, a public hearing was duly held by the Planning and Zoning Commission of
the City on the 12t" day of November, 2012, and by the City Council of the City on the,4t" day of
December, 2012, with respect to the uses 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.
SPECIAL USE PERMIT GRANTED
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:
Owner: Metcar Investments
7269 Glenview Drive,
Richland Hills, TX 76180
Property Address: 6908 Grapevine Hwy/ Blvd. 26
Richland Hills, TX 76180
Legal Description: Block 1, Lots 4 & 5 Richland Hills Addition
City of Richland Hills, Tarrant County, Texas
Zoning Change: The property is located in a General Commercial District (C-2) and
a Special Use Permit for an Internet based new and/or used auto
sales business use is hereby granted as provided herein.
Term of SUP: The Special Use Permit shall continue for a term of the duration of
the use by Metcar Investments as described above, after which
time it shall expire, and be of no further effect.
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 the restrictions, terms and conditions as
set out below:
1. Statement of Business Operations: Metcar Investments will advertise new and used
cars for sale via the Internet. Perspective Customers contact Metcar to schedule an
appointment to inspect the vehicle. If the prospective Customer agrees to purchase,
the paperwork is completed and the vehicle is handed over.
2. Hours of Operation: Monday through Saturday 10:00 a.m. to 7:00 p.m. by
appointment only.
3. All businesses, servicing, or processing shall be conducted within completely
enclosed buildings, except for temporary off-street loading, while using the business
or service.
4. The Special Use Permit (SUP) shall continue for a term of the duration of the Metcar
Investments business operation interest in the property. It shall not be transferrable to
any other entity without approval of a Special Use Permit (SUP) in the name of said
entity.
5. A vehicle inventory list shall be maintained on the property, and shall be made
available to the City and/or the Police Department upon request.
6. Any security measures required by the Richland Hills Police Department and the
inventory shall, at reasonable times, be open to inspection by any member of the
Richland Hills Police Department. Failure to grant access shall be considered a
violation of the conditions of approval of the SUP.
7. The site will include nine (9) visitor parking spaces and no more than thirty-nine (39)
inventory parking spaces. Cars shall only be parked in these marked spaces. Cars in
excess of the maximum number will be considered a violation of the conditions of
approval of the SUP.
8. All vehicles being sold must be parked behind the front building line in accordance
with the site plan and on an approved surface. Inventory cars shall not be stored in the
visitor parking spaces.
9. Gate to access the inventory parking area must be of solid screening.
10. Rear yard must be enclosed with a solid screening at least six (6) feet in height.
11. Landscaping must be maintained at fifteen (15) percent of the front yard and twenty
(20) percent of the total yard.
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12. The business owner or their designee shall, at reasonable times, make available the
leasehold for inspection by any member of the Planning and Community
Development Department to ensure the conditions of approval of the SUP are met.
Failure to grant access shall be considered a violation of the conditions of approval of
the SUP.
13. 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, the SUP shall be a matter placed on the next available
City Council meeting for discussion.
14. If a certificate of occupancy is not approved within one hundred twenty days (120)
calendar days of approval of the SUP, then the SUP shall be considered null and void.
15. Storage of wrecked vehicles is prohibited.
16. Storage of vehicles for repair shall be screened from all public rights-of--way.
17. No signage or advertisement is permitted on the site.
18. No additional structures aside from the existing main building are permitted,
excluding the 20'x25' shed shown in the rear yard.
19. Security System will be required.
20. Any exterior lighting shall be directed away and aimed downward from residential
properties.
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 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.
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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, 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 THIS ~'~,,, DAY OF ~, , 2012.
THE HONORABL LL AGAN, MAYOR
ATTEST:
ORDINANCE GRANTING SUP TO METCAR INVESTMENTS PAGE 5
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INDA CANTU, TRMC, CITY SECRETARY
EFFECTIVE: a~a ~ a.
APPROVED AS TO FORM AND LEGALITY:
BETSY ELAM ('TTY ATTORNEY
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