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HomeMy Public PortalAboutOrdinance No. 1409-20 06-22-2020 ORDINANCE NO. 1409-20 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 CHILD-CARE: LICENSED CHILDCARE CENTER ON CERTAIN PROPERTY LOCATED AT 7500 GLENVIEW DRIVE, 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 a Child-Care: Licensed Childcare Center in the"Professional Office" (P) Zoning District; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on June 2, 2020, and by the City Council of the City on June 8, 2020, 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: Page 1 of 6 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: Darlyncia Mays Property Address: 7500 Glenview Drive, Richland Hills, Texas Legal Description: Lot 1-A, in Block 64, of Richland Hills, an addition of the City of Richland Hills, Tarrant County,Texas,according to the Map or Plat thereof recorded in Volume 388-Q, Page 479, Plat Records, Tarrant County, Texas. Zoning Change: The property shall remain located in the "Professional Office" (P) Zoning District, and a Specific Use Permit permitting a Child-Care: Licensed Childcare Center is hereby granted subject to the terms and conditions attached hereto as Exhibit A. SECTION 2 ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The zoning districts, boundaries and uses as herein established 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 above shall be to all international and city requirements and code of the property described subject Review Com mittee contained in Exhibit additional conditions recommended by the Development A, which is incorporated herein by reference. Such conditions must be satisfied prior to the issuance of a Certificate of Occupancy for the business. Page 2 of 6 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. SECT ION 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. Page 3 of 6 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 22ND DAY OF JUNE, 2020 THE HONORABLE EDWARD PEZ, OR ATTEST: �(tH CATHY B( [TRG, CITY SECTARY \\,�,11111 APPROVED AS TO FORM AND LEGALITY: p�.••� • -', BETSY ELAM, I Y TTORNEY . „` /`i>< ///,/111111111111111 li Page 4 of 6 EXHIBIT A Conditions of a Specific Use Permit: 1. The building must be brought into compliance with current international building, plumbing, electrical and fire code requirements as noted on the inspection reports by Bureau Veritas and the Richland Hills Fire Department dated June 4, 2020. Specifically prior to the issuance of a certificate of occupancy, the following must be corrected: a. The entire building is currently addressed incorrectly and out of sequence for the street. Furthermore, the suites are addressed incorrectly. b. A 24' fire lane is required in the rear parking area of the building c. The area around the electrical meters needs to be marked to prohibit parking vehicles or storing any type of equipment or merchandise within 36" of the area d. The building needs to be numbered using at least 6" numbers in a contrasting color placed at a level for each suite that is visible from the street and above vehicles parked in the front. Suite numbers are also required on the rear door of each space as well. e. A Knox box is needed for the building to include a master key for each suite. f. (1) 101b.or(2) 51b. ABC fire extinguishers are required in each suite. g. Electric exit signs with battery backup and emergency lighting are required over each point of egress from the suite. h. A full fire alarm system is needed if the intent is to rent Suite B for use as a daycare facility. i. There is no electrical panel in each suite to allow isolation of power by suite during an emergency. j. Suite D is an upstairs unit that has no elevator and no secondary stairs for egress. A minimum of a second set of stairs leading to the exterior of the building is mandatory before the suite can be leased. k. Code consultation --Passed 1. Separately metered gas service per suite Illuminated exit signs with emergency lighting Main electrical disconnect per suite m. Electrical wiring needs to be separated per suite With an electrical panel in each suite n. Exposed romex outside of wall coverings o. Secure loose me cable p. Single wall vent pie on water heater flue pipe q. Need water heater pan drain and t&p line to outside r. Handicap accessible restrooms In each suite Page 5 of 6 s. Open plumbing drain lines t. Combustion air from outside source for water heater and water heater u. Need approved gas valves Drywall missing in furnace closet Condensate drain is not properly trapped Hollow core door in suite demising wall v. Sink drain has pressure fittings, open drain, silicone at joints, flexible tailpiece, does not appear to be properly vented w. Primary service entering center of building without means of disconnect x. Federal brand panel does not have required workspace clearance, labeling, and sealing of open breaker spaces y. Dryer vent needs smooth interior finish z. Vacuum breakers on hose bibbs aa. Open bulb fixtures bb.Stairs need correct rise and run, handrail to close to wall cc. Water heater t and p line Plumbed to disposal 2. The building and property must also be brought into compliance with current city ordinances including, but not limited to,the following improvements: a. Resurface and restripe the parking lot; b. Designate fire lanes and handicapped parking; c. Enclose the dumpster and air conditioning equipment; d. Remove obsolete signage; e. Replace rusty awnings; and f. Remove peeling or chipping paint. 3. The building must meet the requirements of the international fire code applicable to daycare centers.Accordingly, the owner must install a full fire alarm system throughout the building that meets code and state regulations for operating a daycare center. Page 6 of 6