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Home My Public Portal AboutOrdinance No. 1353-18 05-14-2018ORDINANCE NO. 1353-18 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY CHANGING THE ZONING OF CERTAIN PROPERTIES, SPECIFICALLY BLOCK 2R1, LOT B OF THE RICHLAND GARDENS ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS I (INDUSTRIAL), TO PD (PLANNED DEVELOPMENT) TO ALLOW FOR ADDITIONAL USES AND DESIGN REQUIREMENTS; 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 and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and providing fora 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 change in the zoning of the properties listed below was requested by persons or entities having a proprietary interest in those properties; and WHEREAS, a public hearing was held by the Planning and Zoning Commission on April, 17, 2018, and thereafter by the City Council on May 14, 2018, with respect to the proposed 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; and WHEREAS, the proposed change is consistent with the City's comprehensive land use plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS; SECTION 1 PROPERTY RE-ZONED THAT, Chapter 90, as amended, is hereby amended by rezoning the property located at 2500 Austin Road, Richland Hills, Texas, being more fully described as Lot B, Block 2R1, Richland Gardens Addition, an addition to the City of Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-190, Page 55, Plat Records, Tarrant County, Texas, from I (Industrial) to PD (Planned Development), with uses permitted as set forth in Section 4 of this Ordinance. SECTION 2 ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The City Council fmds that the changes to the zoning districts, boundaries, regulations and uses as herein established have been made in accordance with the City's zoning code and comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to efficiently plan, control and organize development, lessen congestion in the streets, secure safety from fire, panic, flood and other dangers, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision 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 THE OFFICIAL ZONING MAP The City Secretary is hereby directed to amend the official zoning map to reflect the changes in uses approved herein. SECTION 4 PROPERTY SUBJECT TO ZONING ORDINANCE The use of the properties hereinabove described shall be subject to all the applicable regulations set forth in the PD Site Plan attached hereto as Exhibit "A". In addition, the Planned Development created herein shall be specifically subject to the regulations applicable to the Industrial zoning district except in the following respects: All Permitted (P) uses, according to the most current adopted Land Use chart for Industrial (I), are hereby permitted along with the following Uses: Auto and/or Truck Repair, Auto Part Sales, Inside, Gymnastics/Dance Studio, Recreational Vehicle/Truck Parking Lot.. 2. A 20 foot height restriction on accessory structures. 3. No masonry requirements except for a three foot wainscoting of class 1 masonry on public facing sides of all buildings 4. Chain link fencing is allowed, with a minimum fence height of 6 feet if barbed wire will be placed atop the fence. 5. Accessory driveways and parking will be allowed to be constructed of unpaved surfaces. 6. The 15 foot height restriction and the 5 foot setback requirement from the property line are eliminated. 7. Dumpsters that can be viewed can be constructed of similar materials as that of the building structure. 8. If a proposed land use is allowed by Specific Use Permit (S), according to the most current adopted Land Use chart for Heavy Commercial districts and Retail districts, then the requirements set forth by Chapter 90 of the City Code for Specific Use Permits shall remain in full effect. This Planned Development does not relieve any requirements set forth by the City Code. This Planned Development may be modified as set forth in Section 6.07.04 of the Comprehensive Zoning Ordinance. The Planned Development must further comply with all other applicable and pertinent ordinances of the City of Richland Hills, Texas. SECTION 5 ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all other ordinances of the City of Richland Hills affecting zoning and land use, 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 of the City of Richland Hills is hereby directed to publish in the official newspaper of the City the caption, penalty 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 14~' DAY OF MAY, 2018. ~~',~~~~ THE HONORABLE MA OR EDWARD LOPEZ ATTEST: l~ CATHY BO ,CITY SECR ARY EFFECTIVE DATE: ~ ~ l ~c. ~-1 2 ~ , ~ ~ AP OVENS ORM AND LEGALITY: ~~ ~, CITY ATTORNEY ~~~2~>~ .~ ,~~~~ .,~ ..... ~,. ///////////f/llfllll, 11\\\\\~`\\\~ ~ ` / = ~ _ ~~ e°2 WN ~ _ qz ~~~SS~.R Y N ~' V~J V e 3` ~o _9„8 _ 2w is ~~ h~~~ =~AAu - rS.°. Uh oo~Pzu~ _ _ _ ~_ .ham ~$ = ~~ZrcUrc a2a viyWe<1 ~u~~+~4c O 2. N Z ~ ~ O ~ w ~ _ Z W ~ o ~¢ F- w ~ ~~z a {/~ QmfYl ~=pFz N ^'~ N w In W ~°~ _ - _. rc~s ~ g~~^o ag ~b'zJi'- "_ ~ \ ~ __ € - z~m ,# i ~ .V i .,, I _ I I i ,.. 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