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HomeMy Public PortalAboutResolution No. 191-03 02-25-2003 • RESOLUTION NO. 191-03 A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS WAIVING CERTAIN SUBDIVISION REGULATIONS TO AVOID UNNECESSARY HARDSHIP; PROVIDING FOR NOTICE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Barclay/Texas Venture Capital, LLC desires to replat certain property in the City, and has submitted a request for replat for the purpose of constructing an in-line retail shopping center with a major grocery chain retailed such as Albertson's as the anchor retailer; and WHEREAS, Barclay/Texas Venture Capital, LI,C ha already submitted aproposed site plan as part of the process of rezoning of the plat to a Planned U~~it Development zoning district; and WHEREAS, many of the requirements for the f lin;~; and approval of a preliminary plat have already been met during the rezoning process for the property, so that compliance with all the procedural provisions for submission and approval of preliminary plats contained in Chapter 74 of the City Code would be duplicative and is unnecessary; and WHEREAS, compliance with all the procedural provisions for submission and approval of preliminary plats contained in Chapter 74 of the City Code would greatly increase the cost of the • proposed project due to time limitations on the sales contracts currently pending, and would endanger the success of the project; and WHEREAS, the City Council has determined that the project will provide numerous economic development benefits to the City; and WHEREAS, City staff has already had ample opportunity to determine compliance of the proposed replat with the ordinances of the City, and the City Council and the Planning and Zoning Commission have already had an opportunity to review the proposed replat and site plan as part of the rezoning process; and WHEREAS, Section 74-4 of Chapter 74 of the City Code, which governs platting, allows the Planning and Zoning Commission to recommend, and the City Council to authorize, waiver of subdivision regulations when an unnecessary hardship would result from requiring strict compliance; and WHEREAS, the Planning and Zoning Commission has recommended that, to the extent, if any, that the procedural requirements set forth in Sections 74-33, 74-35, and 74-76 through 74-81 regarding the filing and approval of preliminary plats have not been met, should be waived pursuant to Section 74-4; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • RICHLAND HILLS, TEXAS: • SECTION 1. ORDER The City Council orders that, to the extent, if any, that the procedural requirements set forth in Sections 74-33, 74-35, and 74-76 through 74-81 regarding the filing and approval of preliminary plats have not been met, such requirements are waived pursuant to Section 74-4 regarding the replat request filed byBarclay/Texas Venture Capital, LLC, as to the property described as: Block 23, Lots 1, 2, 3, ,4 ,5 ,6 and 7 of the Richland Hills Addition to the City of Richland Hills, and TR3A, TR3A1, TR3Ala and TR3A2 of the Mahaly Lynch Survey, A-953, in the City of Richland Hills, Tarrant County, Texas. SECTION 2. FINDINGS The City Council finds that: (1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; (2) Strict application of the provisions of this chapter is not necessary to promote the public health, safety and welfare; (3) The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; (4) The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter; (5) This waiver is in harmony with the general purpose and intent of Chapter 78 of the City Code, and will protect the public health, safety and welfare and do substantial justice. (6) The circumstances set forth other than pecuniary hardship to the applicant constitute unnecessary hardship, which circumstances include the following: a. Barclay/Texas Venture Capital, LLC has already submitted a proposed site plan as part of the process of rezoning of the plat to a Planned Unit Development zoning district; b. many of the requirements for the filing and approval of a preliminary plat have already been met during the rezoning process for the property, so that compliance with all the procedural provisions for submission and approval of preliminary plats • RESOLUTION WAIVING CERTAIN SUBDIVISION REGULATIONS AS PERMITTED BY SECTION 74-4 Page 2 W:\Richland Hills\Resolution\Resolution waiving certain subdivision regulations as permitted by Section 74-4.wpd • contained in Chapter 74 of the City Code would be duplicative and an unnecessary waste of City resources; c. compliance with all the procedural provisions for submission and approval of preliminary plats contained in Chapter 74 of the City Code would greatly increase the cost of the proposed project due to time limitations on the sales contracts currently pending, and would endanger the success of the prof ect; thereby threatening the numerous economic development benefits which the City will derive from the project; d. City staff has already had ample opportunity to determine compliance of the proposed replat with the ordinances of the City, and the City Council and the Planning and Zoning Commission have already had an opportunity to review the proposed replat and site plan as part of the rezoning process. SECTION 3. INCORPORATION OF FINDINGS IN MINUTES The City Secretary is directed to incorporate the above recited findings, together with the specific facts upon which such findings are based, into the official minutes of the Council meeting at which this resolution is adopted. • SECTION 4. NOTICE Upon adoption of this Resolution, the City Secretary is directed to give notice of this resolution to the extent and in the manner required by law. SECTION 5. AUTHORIZATION OF NECESSARY ACTIONS The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and directed to take all actions necessary to effectuate this resolution. SECTION 6. EFFECTIVE DATE This Resolution shall be effective upon its adoption. • RESOLUTION WAIVING CERTAIN SUBDIVISION REGULATIONS AS PERMITTED BY SECTION 74-4 Page 3 W:\Richland Hills\Resolution\Resolution waiving certain subdivision regulations as permitted by Section 74-4.wpd • Passed and approved this 25 day of February , 2003. CITY OF RICHLAND HILLS, TEXAS J / , The onorable Nelda Stroder, Mayor ATTEST: Terri Willis, City cretary APP OVED AS O F ND LEGALITY: ~ J' J' Tim G. Sralla, City Attorney i • RESOLUTION WAIVING CERTAIN SUBDIVISION REGULATIONS AS PERMITTED BY SECTION 74-4 Page 4 W:\Richland Hills\Resolution\Resolution waiving certain subdivision regulations as permitted by Section 74-4.wpd