HomeMy Public PortalAboutOrdinance No. 1358-18 07-23-2018ORDINANCE N0.1358-18
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 PERMITTING A SINGLE FAMILY RESIDENCE ON CERTAIN
PROPERTY LOCATED AT 7025 LATHAM, 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 Specific Use Permit for a Single Family
Residence in the "Mixed Use" (MX) Zoning District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City on June 26, 2018, and by the City Council of the City on July 23, 2018 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 specific use permit
is granted as shown and described below:
Applicant: BACA PROPERTY MANAGEMENT LLC
Property Address: 7025 Latham, Richland Hills, Texas
Legal Description: A TRACT OF LAND BEING A PORTION OF LOT 6 OF
WARD'S SUBDIVISION, AND ADDITION TO THE CITY OF
RICHLAND HILLS, TARRANT COUNTY, TEXAS AS
RECORDED IN REVISED PLAT IN VOLUME 388-9, PAGE
459, PLAT RECORDS, TARRANT COUNTY, TEXAS AND
BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/z" (AW) capped Iron rod set at the Northeast
corner of Lot 6, Wards Subdivision said point also being the
Southeast Corner of Lot 5 of said subdivision;
THENCE S. 00°47'03"W. 372.68 feet to a'/z" iron rod found for
the Southeast corner of said Lot 6 and being in the North right of
way line of Latham Road;
THENCE N. 45°47'50"W. 393.31 feet along said right of way to a
'/2" (AW) capped iron rod set for the most Westerly Northwest
corner of the herein described property;
THENCE N. 41 °47' S0"E. 131.11 feet departing said right of way
to a '/z" iron rod found being the Southwest corner of Lot 4,
Ward's Subdivision and the Northwest corner of the herein
described subject property;
THENCE East 199.00 feet along the north line of above referenced
Lot 6 top the point of beginning and containing 62,837 square feet
or 1.4425 acres of land more or less.
Save and except the following described property:
BEING A TRACT OF LAND IN THE A.S. TRIMBLE SURVEY,
ABSTRACT NO, 1529, IN THE CITY OF RICHLAND HILLS,
TARRANT COUNTY, TEXAS, AND BEING A PART OF
THAT CALLED 1.4425 ACRE TRACT DESCRIBED IN
WARRANTY DEED TO JEFFERY & CONNIE A GRIFFIN, AS
RECORDED IN COUNTY CLERK'S FILE NO. D209112255, IN
THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS, AND BEING A PART OF LOT 6 OF REVISION OF
WARDS SUBDIVISION, AS RECORDED IN VOLUME 388-9,
PAGE 459, IN THE MAP AND/OR PLAT RECORDS OF
TARRANT COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a 'h" found iron rod with yellow plastic cap
stamped "AW 4186" at the common Northeast corner of said Lot
6, and the Southeast corner of Lot 5 of said revision of Ward's
subdivision, and also being to the West line of that called Tract 3
described in Warranty Deed to Llewllyn Realty, L.P., as recorded
in Volume 15192, Page 63, in the Official Public Records of
Tarrant, County, Texas;
THENCE South 00°37'07" West Along the common line of said
Tract 3 and the East line of Said Lot 6, a distance of 372.50 feet to
a point for corner on the North right-of-way line of Latham Drive
(variable width right-of-way), from which a '/2" found iron rod
bears South O1°25'07" East, a distance of 0.24 feet;
THENCE North 45°49'23" West, departing said common line and
along said north right-of-way line, a distance of 291.57 feet to a
point for corner;
THENCE North 44° 10' 37" East, departing said North right-of-way
line, over and across said Lot 6, a distance of 82.94 feet to a point
for corner;
THENCE North 33°45'45" West, continuing over and across said
Lot 6, a distance of 78.35 feet to a point for corner;
THENCE North 48°22'06" West, continuing over and across said
Lot 6, a distance of 29.29 feet to a point for corner being the
common line between the remainder of said Lot 6 and said Griffin
Tract;
THENCE North 41°37'54" East, along said common line, a
distance of 32.96 feet to a point for corner on the common line
between the North line of said Lot 6 and the South line of that tract
of land described in Warranty Deed to Ark of Faith Church, as
recorded in Volume 8770, Page 250, in the Deed Records of
Tarrant County, Texas, from which a ~/z" found iron rod bears
South 00°31:53" West, a distance of 0.14 feet;
THENCE North 89°50'04" East, along said common line, a
distance of 198.88 feet to the POINT OF BEGINNING and
containing 53,177 square feet or 1.219 acres of land, more or less.
Zoning Change: The property shall remain located in the "Mix Use" (MX) Zoning
District, and a Specific Use Permit permitting a Single Family
Residence is hereby granted subject to the terms and conditions
provided herein.
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
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 all restrictions, terms and conditions
contained in the site plan and conditions attached as Exhibit A, which is incorporated herein by
reference.
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 in direct 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 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 6
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 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 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 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 law.
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 23rd DAY OF JULY, 2018
~~fo
THE HONORABLE EDWARD LOPEZ, MAYOR
ATTEST:
CATHY BO G, CITY S ETARY ,,~~ e~~ ••"'"" ••., ~,~'
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APPROVED AS TO FORM AND LEGALITY: = ~"` ~ ~''~
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BETSY ITY ATTORNEY .~~,
EXHIBIT A
No additional conditions.