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
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• 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.
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• 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
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