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HomeMy Public PortalAboutOrdinance No. 1408-20 06-22-2020 ORDINANCE NO. 1408-20 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 2R-1, BLOCK 1, MAY- FIELD ADDITION,AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS MIXED USE (MX), TO PLANNED DEVELOPMENT (PD) 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 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 ("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 duly held by the Planning and Zoning Commission of the City on June 2,2020,and by the City Council on June 8,2020,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. ' I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS,TEXAS; SECTION 1 PROPERTY RE-ZONED Chapter 90, as amended, is hereby amended by rezoning the property located at 3925 Booth CallowayRoad, Richland Hills, Texas, beingmore fullydescribed as Lot 2R-1 Block 1, May-Field Y Addition, an addition to the City of Richland Hills, Tarrant County, Texas, as recorded in Cabinet A, Slide 8309, Tarrant County Plat Records, Texas and being more particularly described in Exhibit A, which is incorporated herein by reference. SECTION 2 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 hearingwith reasonable consideration amongother things of the character of the district p 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 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 Mixed Use (MX) district except in the following respects: 1. All Permitted (P) uses, accordingto the most current adopted Land Use chart p for Mixed Use(MX), are hereby permitted along with the following uses: Automobile Repair,Major;Boat Sales and Repair;and Outside Storage and Display(incidental use). 2. Open storage must be screened bya screeningwall or fence that shall be � constructed of a solid screening wall between commercial and residential properties and a chain link fence a ce with slats around the remainder of the propertyand allowing the existing barbed wire to remain. 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. SECTION 5 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. SECTION 6 PENALTY Anyperson, firm or corporation who violates, disobeys, omi n 1 rpo 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 7 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 zoningand 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 8 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 9 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. SECTION 10 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. i DWARD LOPEZ,THE HC2fRAp2MAYOR A Ll'EST: gL II LATHY BOLAuG,CITY SECRE �••'' ' ''• EFFECTIVE DATE: to. Z - Z U W =O:• 4 _ 1 •APPROVED AS TO FORM AND LEGALITY: '% • •. BETSY EL CITY A ORNEY Exhibit A Being 3.007 acres of land,recorded as Lot 2R-1,Block 1,MAY-FIELD ADDITION,an addition to the City of Richland Hills,as recorded in Cabinet A,Slide 8309,Tarrant County Plat Records, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the 1/2 inch iron rod found at the Northeasterly corner of Tract 2A4K as recorded in Volume 3254,Page 138, Tarrant County Deed Records, Texas said 1/2 inch rod being also a point on the West right-of-way line of Booth-Calloway Road (50 foot R.O.W.): THENCE North 90 degrees 00 minutes 00 seconds West a distance of 476.82 feet to a 5/8 inch iron rod found for corner,said point being also the most Northwesterly point of Tract 2A4D as recorded in volume 4706, Page 170, Tarrant County Deed Records, Texas, said 1/2 inch iron rod being also on the East line of McCoy Addition Block 2, as recorded in Volume 388- M, Page 469,Plat Records, Tarrant County, Texas: HENCE North 00 degrees 06 minutes 00 seconds East 221.69 feet to a 1/2 inch iron rod found, said 1/2 inch iron rod being also the most Westerly Northwest corner of Lot 2R-1; THENCE South 89 degrees 49 minutes 00 seconds East a distance of 90.00 feet to a 1/2 inch rod found, said pin being the West line of Lot 2R-1; THENCE North 00 degrees 05 minutes 00 seconds East a distance of 47.22 feet to a 1/2 inch rod found,said point being also the most Southwest point of Lot 3-R,Block 1,as recorded in Cabinet A, Slide 8309, of the May-Field Addition; THENCE North 89 degrees 51 minutes 04 seconds East a distance of 204.71 feet to a 1/2 inch iron rod found; THENCE North 00 degrees 2 minutes 14 seconds East 44.00 feet to a 1/2 inch iron rod found said point being the Southwest corner of Lot 1-R, Block 1, May-Field Addition recorded in Cabinet A, Slide 4729,Tarrant County Plat Records; THENCE North 89 degrees 51 minutes 04 seconds East a distance of 175.00 feet said point being a point on the West right-of-way line of Booth-Calloway Road; THENCE South 00 degrees 42 minutes 17 seconds West a distance of 32.27 feet to a 1/2 inch iron rod found with the Booth-Calloway right-of-way; THENCE South 00 degrees 58 minutes 54 seconds West a distance of 28.61 feet to a 1/2 inch iron rod found with the Booth-Calloway right-of-way; THENCE South 02 degrees 40 minutes 05 seconds East a distance of 112.76 feet to a 1/2 inch iron rod found with the Booth-Calloway right-of-way; THENCE South 00 degrees 43 minutes 15 seconds East to a 1/2 inch iron rod found along the Booth-Calloway right-of-way a distance of 43.34 feet; THENCE South 89 degrees 55 minutes 39 seconds West to a 1/2 inch iron rod found along the Booth-Calloway right-of-way a distance of 0.71 feet; THENCE South 00 degrees 52 minutes 08 seconds East a distance of 96.77 feet to the POINT OF BEGINNING and containing 3.007 acres of land more or less. SAVE AND EXCEPT THEREFROM the following described 0.2219 acre tract of land conveyed to LK Cowan Investments L.P. by J&H Associates, LP in Special Warranty Deed dated April 4, 2012 and recorded April 4, 2012 under Instrument File No. D212081265, Official Public Records, Tarrant County,Texas, to-wit: BEING a portion of Lot 2R-1A, Block 1, MAY-FIELD ADDITION to the City of Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 8309, Plat Records, Tarrant County, Texas, and described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found being the Southwest corner of Lot 3R-1A, Block 1, of said May-Field Addition and being the most Northerly Northwest corner of said "Lot 2R-1A,Block 1 of the May-Field Addition; THENCE North 89 degrees 51 minutes 04 seconds East along the South line of said Lot 3R- 1A, Block 1 and the North line of Lot 2R-1A,Block 1 of the May-Field Addition,204.71 feet to a 1/2 inch iron rod found,said point being the most Southerly Southeast corner of Lot 3R- 1A; THENCE South 00 degrees 05 minutes 00 seconds West,47.22 feet to an "X" in the concrete for the most Southerly Southeast corner of this tract; THENCE South 89 degrees 48 minutes 56 seconds West, 204.71 feet to a 1/2 inch iron rod found, being an interior corner of Lot 2R-1A,Block 1,May-Field Addition; THENCE North 00 degrees 05 minutes 00 seconds East, 47.22 feet to the POINT OF BEGINNING and containing 9.666.33 square feet or 0.2219 acres of land, more or less. Star.Te1egr MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-Ngram.com 1808 Throclumorton St.I Ft Worth,TY.T61024315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Death 600656 0004681622 CITY OF RICHLAND HILLS ORDINANCE NO.1 $115.96 1 73.00 Li Attention: Cathy Bourg THE STATE OF TEXAS CITY OF RICHLAND HILLS County of Tarrant 3200 DIANA DR FORT WORTH, TX 761186237 Before me,a Notary Public in and for said County and State,this day personally appeared VICTORIA CITY OF RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE NO.1408-20 .1 OF ROW,HILLS AN ORDINANCE AMENDING r 1t1�+1 for the Star-Telegram, published by CHAPTER 90 OF THE CITY MI CODE, AS AMENDED, THE . ' OF the Star-Telegram, Inc.at Fort Worth, COMPREHENSIVE ZONING OR- •%. AS AMENDED, THE in Tarrant County,Texas;and who, DINANCE OF THE CITY OF ., WE ZONING OR- RICHLAND HILLS, BY CHANG- DANCE OF THE CITY OF ING THE ZONING OF CERTAIN 'RICHLAND HILLS, BY CHARS- after being duly sworn,did depose PROPERTIES, SPECIFICALLY MG THE ZONING OF CERTAIN LOT 2R-1,BLOCK 1,MAY-FIELD and say that the attached dipping of ADDITION, AN ADDITION TO PR�ERRTIES, SPECIFICALLY THE CITY OF RICHLAND HILLS, LOT 2R-1,Berg an advertisement was published in TARRANT COUNTY, TEXAS, AMMON, AN CURRENTLY ZONED AS MIXED RICHLAND the above named paper on the listed USE (MX), TO PLANNED DE- T COUNTY, ail dates: VELOPMENT (PD) TO ALLOW u LY ZONED AS FOR ADDITIONAL USES AND DESIGN REQUIREMENTS; PRO- VEI (PD) TO ALLOW VIDING FOR THE AMENDMENT FOR ADDITIONAL USES AND OF THE OFFICIAL ZONING MAP DESIGN REQUIREMENTS; PRO- TO REFLECT SUCH CHANGES; VIDING FOR THE AMENDMENT Insertion(s) PROVIDING THAT THIS ORDI- OF THE OFFICIAL ZONING MAP NANCE SHALL BE CUMULATIVE TO REFLECT SUCH CHAN ' OF ALL ORDINANCES;PROVID- PROVIDING THAT THIS ING A PENALTY CLAUSE;PRO- NANCE SHALL BE CUAWLA Published On: VIDING A SAVINGS CLAUSE; OF ALL ORDINANCES;PROUD- PROVIDING A SEVERABILITY z_A_PENALTY CLAUSE;PRO- June 26,2020 CLAUSE,PROVIDING FOR PUB- A SAVINGS CLAUSE; LIGATION IN THE OFFICIAL PROVIDING A SEVERAINLITY NEWSPAPER; AND PROVIDING ffP mF PROVIDING FOR PUB- AN EFFECTIVE DATE. NOW, LNCATION IN THE OFFICIAL THEREFORE, BE IT ORDAINED NEWSPAPER; AND PROVIDING BY THE CITY COUNCIL OF THE AN EFFECTIVE DATE. NOW, CITY OF RICHLAND HILLS, TiO3tEFUItE, SE IT ORDAINED BY THE CITY COUNCIL OF TIE PENALTY - Any person, firm or CITY OF RICF#ABD HILLS, corporation who violates, diso- Tp(p.% beys,omits,neglects or refuses PENALTY- Any per fine or to comply with or who resists the enforcement of any of the corporation who idiMes, Aso- provisions of this Ordinance yak uoimitrs,neglects or refuses shall be fined not more than to oee� essay with of Sella resists enforce Two Thousand Dollars Me ment of any of the ($2,000.00) for each offense. Revisions of this Ordinance Each day that a violation is per- shall be fined not more than mitted to exist shall constitute ��,/g0,0p Thousand Dollars a separate offense. In addition, ( �faf side offense. any person,firm or corporation �r aridation /t- VE13/Ctelea--- who violates, disobeys, omits, 1 td to exist skill mnstMe neglects or refuses to comply a separate offense. In addition, (Principal Clerk) with or who resists the enforce- ay person,firm or corporation ment of any of the provisions of who violates, disobeys, Adis, this Ordinance may be subjected or refuses to comply SUBSCRIBED AND SWORN TO to such civil penalties as au- or who resists the enforce- thorized by law. BEFORE ME,THIS 26th day of of any of the provisions of PUBLICATION-The City Secretary is hereby directed to publish in Ordinance be subjected CeYearof2o ,, 20 avnl penalties the official newspaper of the >�d! rms as aF City the caption,penalty clause, alsaee law" publication clause,and effective PUSLICATION-The Ca Secretary date clause of this ordinance as B hmft directed to publish in required by law. the of the EFFECTIVE DATE - This ordinance W ?__ shall be in full force and effect p dause,and effective from and after its passage and ate rWedbdense of this'ordinance as publication as required by law, EFFECT �v. and it is so ordained. TE-This ordinance Not Public- Passed and approved this 22nd day shill be In full force and effect of June 2020 from and after Its passageand /s/Edward Lopez,Mayor ,lotion as require y law, = PA _``� ! '''� ^a Attest:Cathy Bourg,City Secrete- allRlssoordailed -' ° Iry ,- , ,,`r,i ry Parma and.agproved this 22ad deer = of June MOO ' ,2 Aunt Lapel, t Cib Seas! �.`w�_ .e.�:� �_. _, 2 nf Extra charge for lost or duplicate affidavits. Legal document please do not destroy!