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HomeMy Public PortalAboutOrdinance No. 1287-14 11-18-2014CITY OF RICHLAND HILLS ORDINANCE NO. 1287-14 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A LICENSED CHILD CARE CENTER IN A PROFESSIONAL OFFICE (P) DISTRICT LOCATED AT 3921 OXLEY DRIVE; 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 joint public hearing was duly held by the Planning and Zoning Commission of the City, and by the City Council of the City on the 18th day of November, 2014, 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. SPECIFIC 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: K22K LLC 9009 Sovereign Row, Suite A Dallas, TX 75247-4531 Property Address: 3921 Oxley Drive Richland Hills, TX 76118 Legal Description: Block 64, Lot 1B Richland Hills Addition City of Richland Hills, Tarrant County, Texas Zoning Change: The property is located in a Professional Office District (P) and a Specific Use Permit for a licensed child care center is hereby granted as provided herein. Term of SUP: The Specific Use Permit shall continue for a term of the duration of the use by All-Star Learning Center 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. SECTION 4. ZONING ORDINANCE AND SPE CIAL 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. The Specific Use Permit (SUP) shall continue for a term of the duration of the All- Star Learning Center's business operation interest in the property. It shall not be transferrable to any other entity without approval of a Specific Use Permit (SUP) in the name of said entity. 2. A site plan meeting regulations outlined in the City of Richland Hills Code of Ordinances Chapter 90 Zoning Ordinance Section 6.06 Site Plan Requirements is required to be submitted for review by the Planning and Community Development Department for approval prior to an application for Certificate of Occupancy is made. Any amendments to the site will require an update to the SUP. 3. The site requires eleven (11) parking spaces. In the event that parking spaces are not provided on site, a shared use parking agreement with all applicable adjacent property owners must be filed with the City. Each agreement must be show the terms of the contract regarding the parking spaces, and an updated copy must be provided at each renewal period. Failure of any shared parking agreement being filed with the City will be considered a violation of the conditions of approval of the SUP. Failure to maintain the required parking, either through a current agreement for shared parking or through available onsite parking, will subject the tenant to fines for each day of insufficient parking. 4. A solid masonry screening wall at least 6' but not more than 8' in height must be constructed along the south property line. 5. Landscaping must comply with all regulations outlined in the City of Richland Hills Code of Ordinances Chapter 91 Supplemental Development Regulations Section 91- 200 Landscaping. 6. All signage must comply with the City of Richland Hills Code of Ordinances Chapter 62 Sign Code. 7. All requirements listed within the Specific Use Permit, along with all requirements of a Certificate of Occupancy must be adhered to prior an application for occupancy being made. 8. 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. 9. Excessive notices of violations or excessive citations shall be grounds for reconsideration of the Specific 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. 10. 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. 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 maybe 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, 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 18th DAY OF NOVEMBER, 2014. THE HON ATTEST: CATHY BOU G, CITY SE ARY EFFECTIVE: DECEMBER 4, 2014 APPROVED AS TO FORM AND LEGALITY: BETSY_EbA-1~+~ CITY ATTORNEY AGAN, MAYOR \\\\\~~u~n u n uuan,~~ o~ 'f <<~ ~ ~ _~ ' .~; ~~ ~~~~~u~nnium+~``~