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
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THE HONORABLE ED
ATTEST:
CATHY BOU ,CITY SECRE Y
APPROVED AS TO FORM AND LEGALITY:
BETSY EL CI Y ATTORNEY
YOR
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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.