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Home My Public Portal AboutOrdinance 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. ORDINANCE GRANTING SUP TO METCAR INVESTMENTS PAGE 2 C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\VMPOVB36\AGENDA ITEM # 3B -METCARSUP-ORD#1242-12 ORDINANCE (2).DOCX 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. ORDINANCE GRANTING SUP TO METCAR INVESTMENTS PAGE 3 C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\WINDOWSITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\VMPOVB36\AGENDA ITEM # 3B -METCARSUP-ORD# 1242-12 ORDINANCE (2).DOCX 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. ORDINANCE GRANTING SUP TO METCAR INVESTMENTS PAGE 4 C:\USERS\LCANTU\APPDATAILOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET F1LES\CONTENT.OUTLOOK\VMPOVB36\AGENDA ITEM # 3B -METCARSUP-ORD# 1242-12 ORDINANCE (2).DOCX 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 H:\ORDINANCES\1242-12-METCARSUP-ORD#1242-12 ORDINANCE.DOCX INDA CANTU, TRMC, CITY SECRETARY EFFECTIVE: a~a ~ a. APPROVED AS TO FORM AND LEGALITY: BETSY ELAM ('TTY ATTORNEY ORDINANCE GRANTING SUP TO METCAR INVESTMENTS PAGE 6 H:\ORDINANCES\1242-12-METCARSUP-ORD#1242-12 ORDINANCE.DOCX