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HomeMy Public PortalAboutOrdinance No. 1376-18 11-12-2018ORDINANCE NO. 1376-18 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 LOTS 6, 7, AND THE EAST 170.00 FEET OF LOT 8, BLOCK L, OF THE RICHLAND HILLS ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS LC (LIGHT COMMERCIAL), 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 at a meeting of the Planning and Zoning Commission on October 22, 2018, and the City Council on November 12, 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 7145 and 7151 Baker Blvd, Richland Hills, Texas, being all of Lots 6 and 7, and the east 170.00 feet of Lot 8 of Block L of RICHLAND HILLS, an addition to the City of Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-C at Page 168 of the Plat Records of Tarrant County, Texas, and being more particularly described on the attached Exhibit "A", from LC (Light Commercial) 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 finds 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 contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Richland Hills, Texas, for the zoning district into which they have been assigned. The Planned Unit Development district created herein affecting above-referenced properties shall be specifically subject to the regulations applicable to the SF-7 Single Family Residential and MF-2 Multifamily Medium Density zoning districts in the areas designated on the Site Development Plan, attached hereto as Exhibit "B" (Site Plan") except in the following respects: A. Site development standards. Development of the property shall comply with the development standards of the SF-7 Single Family Residential and MF-2 Multifamily zoning districts and the standards described below. 1) Lots numbered 1 through 26 on the Site Plan are the designated SF-71ots. The Lots numbered 27 through 48 on the Site Plan are designated MF-2. See attached Exhibit C. The standards below apply to each lot as designated. 2) SF-7 Lot dimensions and setbacks shall be as follows. Height 35 feet Front Yard (minimum) 25 feet Side Yard -Interior (min) ~ 8 feet Side Yard.- Street (min).. 15 feet Rear Yard (minimum) 25 feet Building size (minimum) 1,400 square feet Lot Width (minimum) 60 feet Lot Depth (minimum) Lot Size (minimum) Lot Coverage 100 feet 7,000 square feet 40% maximum ', 2 stories maximum, not to exceed 40 feet 7 feet 5 feet & 0 feet; min. 5 feet between homes 110 feet 10 feet 1,500 square feet for 2T veranda 1,800 square feet for 30' veranda i !: 27 feet 80 feet 2,160 square feet N/A '=Height 3 stories maximum, but not to exceed 45' Front Yard (minimum) 25 feet 2 stories maximum, not to t exceed 40 feet 7 feet Side Yard -Interior (min) 8 feet 0 feet min. 10 feet between building ends Side Yard -Street (min) 15 feet 10 feet Rear Yard (minimum) 25 feet 10 feet __ Building size (minimum) One Bedroom 1,000 square feet'. Two Bedroom 1,200 square feet' Two Bedroom 1,000 square feet ~ Three Bedroom 1,500 square feet _ _ _ _ 3) MF-2 Lot dimensions and setbacks shall be as follows. Lot Width (minimum) Lot Depth (minimum) Lot Size (minimum) Lot Coverage 60 feet 100 feet 7,000 square feet 40% maximum 17 feet 70 feet 1,190 square feet N/A 4) The development shall set aside at least fifteen percent (15%) of the land area as common open space. All common open space areas and amenities must be owned and maintained by the home owner's association. The common open space areas shall be as shown on the Site Plan. 5) A permanent Homeowner's Association shall be established, for the maintenance of the walls, common area landscaping and other common neighborhood facilities, prior to the first home sale and occupancy. The HOA shall be supported by mandatory annual fees charged to each homeowner, pro- rata, based on the projected maintenance and management costs. After initial installation and maintenance provided by the developer, such maintenance responsibilities shall be turned over to the homeowners, who shall be permanently responsible to maintain said common features and areas, using a professional management company. 6) Fencing shall be designed as shown on the Landscape Plan (attached and incoporated hereto as Exhibit "D")and subject to the following. a. A six-foot tall masonry screening wall must be constructed along the west and north sides of the development. b. A six-foot ornamental tubular steel fence with a living screen shall be constructed along the frontage of Poppelwell Street and Baker Boulevard adjacent to the rear of the alley. The living screen shall be allowed to grow and be trimmed at a height of seven feet. 7) A five-foot wide sidewalk shall be constructed adjacent to all internal streets. 8) All crosswalks shall be constructed of stamped and stained concrete. 9) The development shall include a cluster mailbox. The location and design shall be approved by the Development Review Committee and US Postal Service. 10) Outdoor street lighting on the site shall be installed along the main internal street and be selected from Oncor's decorative street lighting options. 11) Masonry monument development entry signs shall be installed at both entrances at Baker Boulevard and Poppelwell Street. 12) Landscaping shall be designed as shown on the Landscape Plan and subject to the following. a. A landscape plan for the development must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee prior to construction. b. All landscaped areas will be maintained as a master system. B. Building design standards. Building design and appearance shall comply with the conceptual building elevations shown on the Site Plan and the standards described below. 1) The exterior wall materials shall consist of the following masonry materials. a. Unrestricted Materials - At least seventy five percent of each facade (excluding doors and windows) shall be masonry (brick, stone; man- made stone) Masonry materials shall be installed in a craftsman like manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate. b. Restricted Materials -The following materials may be used only for walls above the first floor facades. Reinforced Exterior Insulation and Finish Systems (EIFS) and Cementitious siding in a smooth paintable finish and of traditional dimensions with a 50-year warranty. c. Limited Materials -Decorative accents made of wood, fiberglass, metal, ceramic-faced block may not exceed fifteen percent of the front facade. 2) Garages shall be located on alleys at the rear of the buildings. Any garage door visible form a public street shall have a decorative facade. 3) Roofs shall have a minimum pitch of 8:12 on the front and a minimum of 6:12 on the sides. Porch roofs and shed roofs shall have a minimum 4:12. Roof materials shall be constructed of at least 30-year shingles. Three-tab shingles are prohibited. 4) Each building shall include at least three of the following architectural elements. a. At least two distinct masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details, such as herringbone, rowlocks, etc. d. Metal seam roof accents. e. Cedar shutter accents. f. Cast stone accents. g. Decorative coach lighting. h. Quoins. i. Front Porches. Cedar Columns. k. Dormers. Balconies. m. 8-foot Entry Doors. 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 S 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 bylaw. 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 12TH DAY OF NOVEMBER, 2018. .,~- ~ ~, C.,, --;~~ /`;' TI HONORABLE MAYOR EDWARD LOPEZ L `' ATTEST: CAT BOU G C ECRETAR EFFECTIVE DATE: VED AS TO FORM AND LEGALITY: ~„ ~:, c f ~ ~~. ~' ,~ .. ~, ATTORNEY Exhibit "A" BEING all of Lots 6 and 7, and the east 170.00 feet of Lot 8 of Block L of RICHLAND HILLS, an addition to the City of Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-C at Page 168 of the Plat Records of Tarrant County, Texas. And being more particularly described by metes and bounds as follows; BEGINNING at a 1 /2" iron rod set for corner at the intersection of the north right-of--way line of Baker Boulevard (State Highway No. 183) (having a 160 foot wide right-of--way) with the west right-of--way line of Popplewell Street (having a 50 foot wide right-of--way); the same point being the southwest corner of the above mentioned Lot 6; THENCE West along the said north right-of--way line of Baker Boulevard (State Highway No. 183) and along the south line of Lots 6, 7, and 8 for a distance of 641.50 feet to a 5/8" iron rod found for corner; THENCE North 00 degrees OS minutes 00 seconds East departing the sold north right-of--way line of Baker Boulevard (State Highway No, 183) for a distance of 337.50 feet to a copped Iron rod found for corner in the north line of the above mentioned Lot 8; THENCE East along the north line of Lots 8, 7, and 6 for a distance of 641.50 feet to a capped iron rod found for corner in the west right-of--way line of Popplewell Street, the some point being the northeast corner of Lot 6; THENCE South 00 degrees OS minutes 00 seconds West along the said west right-of--way line of Popplewell Street and along the east line of Lot 6 for a distance of 337.50 feet to the POINT OF BEGINNING; CONTAINING 4.9703 acers of land, more or less.