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HomeMy Public PortalAboutOrdinance No. 1402-19 11-11-2019 DENIEDORDINANCE NO.1402-19 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 A SINGLE FAMILY RESIDENCE ON CERTAIN PROPERTY LOCATED AT 6826 BAKER BOULEVARD, 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 PLTI3LICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN I:FFLCTIVE DATE.. WHEREAS, the City of Richland Hills is a hume rule city acting under its charter adopted by the electorate pursuant to Article XI, Sectitm ~ ~~I~ the "he.~~~sConstitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 21 l ~ ~ f ~ h e Local Governmen~ ~C'ude, the City has adopted a comprehensive zoning ordinan~~e_ eodilicci as Chapter 90 of the City Code, and a comprehensive zoning map, regulating the I~~c,ltion and use of buildings, other structures and land for business, industrial, residential or other purposes, and pra~~iding for a method to amend said ordinance and map for the purpose ~F pr<~m~ting the public health, safety, morals and general welfare, all in accordance with a com~~rehen~ive plan; and WHEREAS, in accord~u~~~c with the C'r~mprehensive Zoning Ordinance, an application has been filed for a Specific l roc Pcrn~it ic~r ~i Single Family Residence in the "Mixed Use" (MX) Zoning District; and WHERT:ati. <~ public healing was ~lulc held by the Planning and Zoning Commission of the City on October ~~, '~)l9, ,end by the City Council of the City on November 11, 2019 with respect to the use ehangc~ ~lescribcd herein; and WHEREAS, all re~luirenieiits of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with the comprehensive -r,~ning 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: Crystal and Terry Leo Property Address: 6826 Baker Boulevard, Richland Hills, Texas Legal Description: The East i/z of Lot A, a subdivisi~~n ~~f Lit 8, of the Matthews Subdivision of a portion cif the A.S. "l~riu~ble Survev, iii Richland Hills, Tarrant County, Tcz~i~. accurcling t~~ the Plat recorded in Volume 388-1, Page 3~~. Deal hec~~rds cal l~~u~rant County, Texas. Zoning Change: The property shall. remain l~cat~d in Elie `Mixed Use" (MX) Zoning l~~~tirict, and a_S~~crifi~ Usc E~erllllt permitting a Single Family Residence is hereby granted Subject to the terms and conditions provided hcrcin. SE~;'1'ION ACCORDANCE WITH <'UttPRh.HFNSIVF PL,N AND PURPOSES OF ZONING The zoning districts, botu~daries <<nd uses as herein established herein have been made in accordance with the comprehensive pltin I~~~~ the Purpose of promoting the health, safety, morals and general welfare of the. c,c~mmuriity. ,rfl~cy have been designed to lessen congestion in the streets, to secure safety fr~~tn iirc, ~,anic, `flood and other dangers, to provide adequate light and air, to prevent overcrowding ~f la>>d. to avoid undue concentration of population, to facilitate the adequate provisions of transpcrtatic~n, 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, disobcvs. unfits, neglects or refuses to comply with or who resists the enforcement of any of the ~ro~i~ions ~f this ordinance shall be fined not more than Two Thousand Dollars ($2,000.001 for each offense. Each clay that a violation is permitted to exist shall constitute a separate ol~(cn~e. In a~l~lition, any person, firm or corporation who violates, disobeys, omits, neglects or rcfu~c> t~~ r~~mply ~~~ith car who resists the enforcement of any of the provisions of this ord~inanre nia~~ he sabjeeted ~o such civil penalties as authorized by law. Sh:C'ClON G RESERVATION OF RIGHTS Aitil) 1ZI?JIL;llL~S FOll _1CCRUED VIOLATIONS All rights or remedies of the ('i~~ arc expressly saved as to any and all violations of Chapter 90, as amended, or any ~Iher ordinance al feet i n ~ zoning and land use that have accrued at the time of the effective date of t1~is Or~linanee and as to such accrued violations and all pending litigation, both cis it and criminal. game shall not be affected by this Ordinance but may be prosecuted until final di~~~osition by the C~~ui~s. Sh;CTION 7 SL;~"ERABILITY It is hereby declared t~~ he the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sect i<~ns of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section oY 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 NOVEMBER, 2019 THE HONORABLE EDWARD LOPEZ, IVLAYOR ATTEST: CATHY BOURG, CITY SECRETARY APPROVED AS TO FORM AND LEGAI.I"hl": BETSY ELAM, CITY ATTORNEY EXHIBIT A No additional conditions.