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:
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CATHY B( [TRG, CITY SECTARY
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APPROVED AS TO FORM AND LEGALITY: p�.••� • -',
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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.
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