HomeMy Public PortalAboutOrdinance No. 1439-21 01-10-2022ORDINANCE NO . 1439-21
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 TRACT 1 E, POPPLEWELL, S SURVEY
ABSRACT 1241 AND LOTS 4, 5, 6, AND 7 GREENFIELD SUBDIVISION-
RCHLND, RICHLAND HILLS , TARRANT COUNTY, TEXAS,
CURRENTLY ZONED AS MX (MIXED USE), TO PD (PLANNED
DEVELOPMENT) WITH MF-2 MULTIPLE FAMILY RESIDENTIAL
MEDIUM DENSITY USES AND 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 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 zon ing 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 gene ral 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 held at a meeting of the Planning and Zoning
Commission on September 28 , 2021 , and the City Council on January 10, 2022 , 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 th~ 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 THAT:
SECTION 1.
PROPERTY RE-ZONED
Chapter 90 , as amended , is hereby amended by rezon ing the property located at 7100
Baker Boulevard and 3209 Ash Park Drive Richland Hills , Texas , being described as TRACT
1 E , POPPLEWELL, S SURVEY ABSRACT 1241 and as Lots 4 , 5, 6 , and 7 , Greenfield
Subdivision , an Addition to the City of Richland Hills , Tarrant County , Texas according to the
plat recorded in Volume 388-H , Page 297 and 298 , Plat Records , Tarrant County , Texas , from
MX (Mixed Use) to PD (Planned Development), with uses permitted as set forth in Section 4
of this Ordinance .
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 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.
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 the MF-2
Multifamily Medium Density zoning districts with the exception of those standards permitted
in the Development Standards , attached hereto as Exhibit A.
Ordinance No. 1439-21, Page 2 of 8
The Development Standards , Conceptual Site Plan , and Conceptual Landscape Plan ,
of the proposed Planned Unit Development District 2021 -0639 attached hereto as Exhibits
A, B , and C , each incorporated herein for all purposes allowed by law , are hereby approved
as the Development Standards , Conceptual Site Plan , and Conceptual Landscape Plan for
this Planned Unit Development District 2021-0639 .
SECTION 5.
CUMULATIVE CLAUSE
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.
PENAL TY CLAUSE
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 7.
SAVINGS CLAUSE
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 .
SECTION 8.
SEVERABILITY CLAUSE
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 .
Ordinance No. 1439-21, Page 3 of 8
SECTION 9.
PUBLICATION CLAUSE
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 of th is 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.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the
Richland Hills City Council on January 10 , 2022, by a vote of ll_ayes , _Q_nays , and
0 abstentions.
APPROVED:
ARD LOPEZ
APPROVED AS TO FORM AND LEGALITY:
Ordinance No. 1439-21, Page 4 of 8
Exhibit A
Proposed Development Standards
This Planned Development (PD) District shall adhere to all the conditions of the Richland
Hills Code of Ordinances , as amended , and adopt a base district of MF-2 Multiple Family
Residential Medium Density. The following regulations shall be specific to this PD District.
A. Permitted Land Uses . Uses in this PD shall be limited to those permitted in the MF-2
Multiple Family Residential Medium Density, as amended , and subject to the following
regulations as shown on the PD Concept Design Map .
B. Site Development Standards. Development of the property shall comply with the
development standards of the MF-2 zoning district and the standards described below .
1. Lot dimensions and setbacks shall be as follows :
Standard Standard MF-2 Current Planned Development
Requirement
Height 3 stories maximum , but not 40 feet ; 2 stories
to exceed 45 '
Front Yard (minimum) 25 feet 20 feet
Side Yard -Interior 8 feet 5 feet
(minimum)
Side Yard -Street 15 feet 5 feet
(minimum)
Rear Yard (minimum) 25 feet 5 feet
Building Size (minimum) One-Bedroom 600 SF 1,200 SF
Two-Bedroom 900 SF
Three-Bedroom 1,200 SF
Lot Width (minimum) 75 feet 24 feet *
Building Width (minimum) Not Specified 70 feet
Lot Depth (minimum) 120 feet 80 feet
Lot Size (minimum) 1-3 dwelling units 9,000 SF 5 ,600 SF
Each additional dwelling
unit 1500 SF
Lot Coverage 50% Maximum N/A
Density Up to 16 units per gross Up to 10 units per gross acre
acre
*Lots shall be platted as individual single-family lots .
2 . The development shall include approximately +/-99 ,667 SF of total open space
and approximately+/-54 ,997 SF of common area open space out of the floodplain .
All common open space areas and amenities shall be owned and maintained by a
homeowner's association to be established prior to the 1st certificate of occupancy
Ordinance No. 1439-21, Page 5 of 8
being issued. The common open space areas shall generally comply with what is
shown on the site plan (Exhibit B). Developer shall have the flexibility to move or
adjust the size of the open space shown on the concept plan at the time of platting
to accommodate design needs so long as the total SF of open space shown does
not decrease by more than 15 percent.
3. Baker Landing shall be required to have an active and in good standing
Homeowners Association in perpetuity that will own and maintain all open spaces ,
amenities and fencing as prescribed in this zoning ordinance .
a) All fencing located within and abutting HOA open spaces shall be ma i ntained
by the Homeowners Association.
b) The HOA shall also be responsible for maintaining the natural floodplain area
along the western boundary of Baker Landing.
c) The Homeowners Association shall maintain all sidewalks , landscaping ,
irrigation and any other amenities located within the boundaries of the HOA
common area lots.
4. All units within Lots 13, 14 , 15 , and 16 as depicted on the concept plan shall be
allowed to front on to Ash Park Drive .
5. Fencing shall be designed and installed as shown on the Fencing Plan and
depicted on the Landscape Plan (Exhibit C).
6. A five-foot sidewalk shall be constructed adjacent to all internal streets and the lots
fronting onto Ash Park Dr.
7. The number of parking spaces provided shall exceed the minimum requirement of
2 spaces per dwelling unit plus 1 additional space per every 4 units for guest
parking .
8. The site plan and landscaping shall be in conformance with the site visibility
standards set forth in the City ordinance .
9 . All designated crosswalks shall be constructed of stamped and stained concrete .
10 . The development shall include a cluster mailbox. The location and design shall be
approved by the Development Review Committee and US Postal Service .
11 . Decorative landscape shall be included in common area open spaces bordering
Ash Park Drive and street trees shall be planted along Baker Blvd.
a) A landscape plan for the development shall be approved by the Development
Review Committee prior to construction .
b) All landscaped areas will be maintained as a master irrigation system.
Ordinance No. 1439-21, Page 6 of 8
160' RIGHT-OF-WAY
40' RIGHT-OF-WAY
VOLUME 1405, PAGE 121, D.R.T.C.T.
N89° 48' 11"E 402.94'
50' BUILDING LINE
VOLUME 388-4, PAGE 515
P.R.T.C.T.
LOT 3 LOT 4 LOT 5
WARD'S SUBDIVISION
VOLUME 388-4, PAGE 515
P.R.T.C.T.
10' UTILITY EASEMENT
VOLUME 388-4, PAGE 515
P.R.T.C.T.
CITY OF RICHLAND HILLS,
TEXAS
REMAINDER OF LOT 5
FEMA ZONE "AE"
CITY OF RICHLAND HILLS, TEXAS
INSTRUMENT NUMBER D211222579
O.P.R.T.C.T.
FEMA FLOODWAY
5' UTILITY EASEMENT
VOLUME 388-4, PAGE 515
P.R.T.C.T.
N19° 08' 26"W 59.16'
CITY OF RICHLAND HILLS, TEXAS
INSTRUMENT NUMBER D212003160
O.P.R.T.C.T.
N45° 46' 44"W 11.22'
D=44°41'00"
R=400.00'
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S89° 32' 16"W 56.27'
LATHAM DRIVE
FORMERLY KNOWN AS HURST PIPE LINE ROAD
(NO RECORD FOUND)
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INSTRUMENT NUMBER
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INSTRUMENT NUMBER D21077422
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SITE DATA TABLE
AREA 7.044 ACRES
EXISTING ZONING MX - MIXED USE
PROPOSED ZONING PD - PLANNED DEVELPOMENT
PROPOSED LAND USAGE TOWNHOMES
LOTS / UNITS 69
MIMIMUM LOT WIDTH 20 FT.
MINIMUM LOT DEPTH 80 FT.
FRONT SETBACK 20 FT.
REAR SETBACK 5 FT.
SIDE SETBACK 5 FT.
SIDE SETBACK ( ADJACENT TO ROW)5 FT.
RICHLAND HILLS
CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS
7.044 ACRES LOCATED WITHIN THE
SIMCOE POPPLEWELL SURVEY
12/13/2021
This exhibit is an illustrative representation for presentation
purposes only and should not be used for computatio n or
c o n struc tion purpo ses. Th e in form atio n provi ded w ith in
sho u l d b e co n s ider e d a g ra p h i c r e p r e s e nta t i o n to a i d i n
d e t e rm i n in g p la n c o m p o n e n t s an d re l a ti o n s h i p s a n d i s
subject to change without notice. All property boundaries,
e a s e m e n t s , r o a d a l i g n m e n t s , d r a i n a g e , f l o o d p l a i n s ,
e nv i r o nm en t al i s su e s a n d o t h e r in f o rm ati o n s h o w n a re
a p p r o x i m a t e a n d s h o u l d n o t b e r e l i e d u p o n f o r a n y
purpose. No warranties, express or implied, concerning the
a c t u a l d e s i g n , a c c u ra c y , l o c a ti o n , an d c h a r a c t e r o f t h e
f a c i l i t i e s s h o w n o n t h i s e x h i b i t a r e i n t e n d e d .
@ 2 0 2 1 S T R A N D , A L L R I G H T S R E S E R V E D
10003 TECHNOLOGY BLVD WEST | DALLAS TEXAS 75220 | 972 620 8204
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PROJECT: 7.044 ACRES
SIMCOE POPPLEWELL SURVEY
CITY OF RICHLAND HILLS
TARRANT COUNTY, TEXAS
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DECORATIVE METAL FENCE WITH MASONRY COLUMN
• Over -sized Masonry Column with name placard
• Standard Masonry Column
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LANDSCAPEERPLAN
6' Masonry Wall
6' Decorative Metal Fence
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Account # Order Number
19462 200667
Attention : Cath y Bou rg
CITY OF RI CHL AN D HILLS
32 00 DIA NA DR
FOR T WOR TH, TX 761186 237
CITY OF RICHLAND HILLS
ORDINANCE NO. 14 39-21
AN ORDINANCE AMENDING CHAP-
TER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY
OF RICHLAND HILLS, BY CHANGING
THE ZONING OF CERTAIN PROP-
ERTIES, SPECIFICALLY TRACT 1E,
POPPLEWELL, S SURVEY ABSRACT
1241 AND LOTS 4, 5, 6, AND 7
GREENFIELD SUBDIVISION-RCHLND ,
RICHLAND HILLS , TARRANT COUN-
TY, TEXAS , CURRENTLY ZONED AS
MX (MIXED USE), TO PD (PLANNED
DEVELOPMENT) WITH MF-2 MULTI-
PLE FAMILY RESIDENTIAL MEDIUM
DENSITY USES AND TO ALLOW FOR
ADDITIONAL USES AND DESIGN
REQUIREMENTS; PROVIDING FOR
THE AMENDMENT OF THE OFFICIAL
ZONING MAP TO REFLECT SUCH
CHANGES ; PROVIDING Tl-lAT THIS
ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES ; PROVIDING
A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING
FOR FUBLICATION IN THE OFFICIAL
NEWSPAPER ; AND PROVIDING AN
EFFECTIVE DATE .
SECTION 6 . PENALTY CLAUSE
Any person , firm , or corporation who
violates, disobeys, omits , neglects or
refuses to comply with or who resists
the enforcement of any of the provi-
sions 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 ex-
ist shall constitute a separate offense .
In addition , any person , firm or corpo-
ration 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 9 . PUBLICATION ClAUSE
The City Secretary of the City of Rich-
land Hills is hereby directed to publish
in the official newspaper of the City the
caption , penalty clause , and effective
date of this Ordinance as required by
law.
SECTION 10 . EFFECTlVE 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.
PRESENTED AND PASSED ON FIRST
AND FINAL READING at a regular
meeting of tile Richland Hills City
Council on January 10, 2022, by a
vote of 3 ayes, 0 nays, and O absten-
tions.
IPL0056 120
Jan 12 2022
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AFFIDAVIT OF PUBLICATION
Identification
Pri nt I -~'0056120
Legals
crrv OF RICHLAND ....... ORD1NAf1Ca NO. 1439-2 1
AN ORDINANCE AMENDING CHAP-
TER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE -------------
ZONING ORDINANCE OF THE CITY
OF RICHLAND HILLS, BY CHANGING
THE ZONING OF CERTAIN PROP-
ERTIES, SPECIFICALLY TRACT 1E,
POPPLEWELL. s SURVEY ABSRACT
1241 AND LOTS 4, 5, 6, AND 7
GREENFIELD SUBDIVISION-RCHL.ND,
RICHLAND HILLS, TARRANT COUN-
TY TEXAS CURRENTLY ZONED AS MX (MIXED USE), TO PO (PLANNED
DEVaOPMENT) WITH MF-2 MULTI-
PLE FAMILY RESIDENTIAL MEDIUM
DENSITY USES AND TO l>UON FOR
ADDITONIAL USES AND DESIGN
REQUIREMENTS; PROVIDING FOR
THE AMENDMENT OF THE OFFICIAL
ZONING MAP TO REFLECT SUCH
CHANGES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATNE
OF f>U ORDINANCES; PROVIDING
A PENALTY CLAUSE ; PROVIDING
A SAVINGS CLAUSE; PROVIDNG A
sEVERABILrTY CLAUSE, PROV1DING
FOR PUBLCATlON IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
SECTION 6. PENALTY CLAUSE
Any person, firm, or C?rporation who
violates disobeys, omits, neglects or
refuses 'to comply with or who resists
the enforcement of any of the provi-
sions of this Ordinance shall be fined
not more than Two Thousand Dollars
($2 ,000.00) for_~ offense . Each
day that a violation Is permitted to ex-
ist shall constitllte a separate offense.
In addition, any person , firm or co~-
ration 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.
SECTlON 9. PUBLICATlON CLAUSE
The City Secretary of the City of Rich-
land Hills is hereby directed to publish
in the official newspaper of the City the
caption, penalty clause, and effective
date of this Ordinance as required by
law.
SECTON 10. EFFECTl\7EUATE
This Ordinance shall be in full force
and effect from end after its passage
and publication as required by law,
and it is so ordained.
PRESENTED AND PASSED ON FIRST
AND ANAL READING at a regular
meeting of the Richland Hills City
Council on January 10, 2022, by a
\/Ole of 3 ayes, 0 nays, and O absten-
tions.
IPL0056120
Jan 12 2022
Order PO Amount Cols Depth
$109.88
THE STATE OF TEXAS
COUNTY OF TARRANT
1 68L
Before me , a Nota ry Public in and tor sa id County
and State , this day personally appeared Amanda
Grisham , Bid and Legal Coordinator for the Star -
T elegram , published by the Star-Telegram , Inc. at
Fort Worth , in Ta rra nt County, Te xas; and who,
after being duly sworn , did depose and say that
the attached clipping of an advertisement was
published in the above named paper on the listed
dates:
No. of Insertions:
Beginning Issue of : 01/12/2022
End ing Issue of: 01/12/2022
Sworn to and subscribed before me this 12th day of
January in the year of 2022
Notary Publ ic in and fo r the state of Texas , res iding in
Dallas Coun ty
STEf'Nf SCOlT BEAAD
fitf Nallly ID t 1St7e8951
&lnl Odl:lblt 23, 2022
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!