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Home My Public Portal AboutOrdinance No. 1404-20 03-09-2020ORDINANCE NO. 1404-20 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 LOT 29R, RICHLAND INDUSTRIAL PARK, AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS EDO (ENTERTAINMENT DISTRICT OVERLAY), 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 PENAL TY 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 ("City") 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 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, 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 February 18, 2020, and the City Council on March 9, 2020, 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; SECTIONl PROPERTY RE-ZONED THAT, Chapter 90, as amended, is hereby amended by rezoning the property located at 2625 Handley Ederville Road, Richland Hills, Texas, being more fully described as Lot 29R, Richland Industrial Park, An Addition to the City of Richland Hills, Tarrant County, Texas, according to the Recorded Plat under Document Number D213264618 Plat Records, Tarrant County, Texas. SECTION2 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. SECTION3 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 BP (Business Park) district except in the following respects: 1. The site will provide one parking space per 300 square feet of the building, with not less than fourteen (14) parking spaces being provided on the site 2. The Site Development Plan attached hereto as Exhibit A is hereby incorporated into this amending Ordinance, and shall be referenced on the zoning district map, and such Site Development Plan constitutes part of the City's Comprehensive Zoning Ordinance, Chapter 90 of the City Code, and governs use of the properties referenced above. The Site Development Plan shall be modified to move the driveway access off Bums Street as far west as possible and amend the parking layout and dumpster location as necessary. To the extent that the attached Development Plan differs from the regulations applicable to the BP (Business Park) zoning district, the Development Plan shall control. 3. The Sign Ordinance is amended to allow the following: a. One sign pole up to thirty-five feet in height; and b. Signage on the gas station canopy. 4. The following landscape features are required: a. A screening row of three-gallon shrubs or larger between parking at the north of the property and the adjacent lot; b. A minimum of eighty (80) three-gallon shrubs or larger adjacent to Bums Street and Handley Ederville Road; and c. A minimum of five (5) trees of two-inch caliper or larger in the parkway. This Planned Development may be modified as set forth in Section 6.07.04 of the Comprehensive Zoning Ordinance. The Planned Development must further comply with all other applicable and pertinent ordinances of the City of Richland Hills, Texas. SECTIONS 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. SECTION6 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. SECTION7 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 ~rdinance 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. SECTIONS 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. SECTION9 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 by law. SECTIONlO 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 9th DAY OF MARCH, 2020. ATTEST: c~Ciff JEp, {?~¥!ARY EFFECTIVE DATE: ~-I 4 -2 D APPROVED AS TO FORM AND LEGALITY: LEGEND LOT 25RRICHLAND INDUSTRIAL PARKDOC. NO. D21326418O.P.R.T.C.T.FORT WORTH TRANSPORTATION AUTHORITYINST. NOS. D211257870; D213136991;D211234694 & D202031306O.P.R.T.C.T.VAULTTELEVAULTTELEVAULTTRAFFIC SIGNAL VAULTINLETINLETINLET STORM MANHOLETOP OF RIM = 532.81'STORM MANHOLETOP OF RIM = 531.78'STORM MANHOLETOP OF RIM = 531.69'STORM MANHOLETOP OF RIM = 531.85'STORM MANHOLETOP OF RIM = 532.39'STORM MANHOLETOP OF RIM = 532.45'SITE DATADRAWN BY:DESIGNED BY:CHECKED BY:PROJECT NO.DATE:7-ELEVEN HANDLEY EDERVILLE RD & BURNS ST RICHLAND HILLS, TX CONCEPT SITE PLAN EXHIBIT #2 CDWCDWCDW20190733/18/202011THIS DOCUMENT IS RELEASEDFOR INTERIM REVIEW ONLYUNDER THE AUTHORITY OFLIC. # ONIT IS NOT TO BE USED FORCONSTRUCTION PURPOSES.SAMANTHA D. RENZ, P.E., CFM1145043/18/2020