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HomeMy Public PortalAboutOrdinance No. 1382-19 02-11-2019ORDINANCE N0.1382-19 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 OUTSIDE STORAGE ON CERTAIN PROPERTY LOCATED AT 6525 BAKER BLVD., 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 Outdoor Storage 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 December 18, 2018, and by the City Council of the City on February 11, 2019 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: Ryan Boozer/Stream Realty Property Address: 6525 Baker Boulevard, Richland Hills, Texas Legal Description: LOT 13-R, BLOCK H, RICHLAND HILLS ADDITION, AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET B, SLIDE 1418, PLAT RECORDS, TARRANT COUNTY, TEXAS.. Zoning Change: The property shall remain located in the "Mix Use" (MX) Zoning District, and an Outdoor Storage Specific Use Permit permitting Outdoor Storage 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 may be 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 11TH DAY OF FEBRUARY, 2019 O :~~ ~ c ~ THE HONORABLE ED ATTEST: CATHY BOU ,CITY SECRE Y APPROVED AS TO FORM AND LEGALITY: BETSY EL CI Y ATTORNEY YOR .%~= EXHIBIT A Conditions of Specific Use Permit: • Upgrade fire safety systems by adding horns and strobes to the office areas, installing Knox boxes at both gates and re-striping the fire lane • A solid masonry screening wall is required along all property boundaries that border residential properties from the northeast corner of the property to the existing retaining wall, and on top of the existing retaining wall vinyl or powder coated chain link screening will be maintained so that the screening and retaining wall will be a minimum of 6 feet in height. Any portion of the retaining wall that is above 6 feet in height does not require additional screening be installed. • Fences that screen open storage must be either solid masonry, wrought iron with solid landscape screening or slatted chain link. • Remove an above-ground propane tank • Remove the empty semitrailer parked on the west side of the property • Screen the a/c units not screened by the shrubs using 42" high angle iron posts painted black and 42" x 42" red cedar horizontal slats • Prune and cleanup all shrub beds • Install trees in the grass area between the parking lot and Baker Boulevard, pending approval by Oncor and TxDOT • Insta112101inear feet of brown edging along the front beds • Add 5 cubic yards of shredded mulch • Prune /lift /thin the live oak and other existing trees • Remove one Nandina in the front entry area and provide 9 Abelia bushes • The rod iron gate may remain and not be required to conform to Sec. 91- 100(b)(2)(d) of the Code of Ordinances, City of Richland Hills, Texas, so long as the rod iron gate is repaired, repainted, and otherwise maintained in good working condition.