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HomeMy Public PortalAboutOrdinance No. 838-98 04-28-1998 • ORDINANCE NO. 838-98 AN ORDINANCE AMENDING SECTION 23 "AMENDMENTS" OF CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO PROVIDE MORE STREAMLINED PROCEDURES FOR CONSIDERATION OF ZONING CHANGE REQUESTS BY THE PLANNING AND ZONING COMMISSION AND BY THE CITY COUNCIL; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, the Zoning Ordinance of the City of Richland Hills, Texas, contained in Chapter 12 of its Code of Ordinances, contains procedures for amending said ordinance to change zoning classifications on individual lots or tracts of land; and WHEREAS, the procedures currently contained in the Richland Hills Zoning Ordinance allow for consideration of only the zoning classification requested by the applicant for said change, as listed in the original application; and WHEREAS, under said current ordinance provisions, if the City Council of the City of Richland Hills, Texas, in its discretion, determines that the zoning classification on the subject property should be changed to a classification different from the one requested by the applicant, the entire process must be started over at the Planning and Zoning Commission level; and WHEREAS, such current ordinance provisions are cumbersome, needlessly time-consuming, and do not tend to promote development of property within the city or efficient use of time and resources by the City Council and City staff; and WHEREAS, the Planning and Zoning Commission has reviewed the amendments to said procedures proposed herein, and has made its recommendation on said proposed amendments to the City Council; and WHEREAS, the City Council of the City of Richland Hills, Texas, hereby finds and determines that the amendments and changes to the procedures for rezoning property contained hereinbelow will streamline the rezonig process and promote more efficient use of time and resources by the City Council, City staff and Planning and Zoning Commission, while retaining adequate provisions for notice of proposed changes and for input by interested citizens and property owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Subsections C "PROCEDURE", E "COMMISSION REPORT" and L "COUNCIL ACTION ON APPLICATION" of Section 23 "AMENDMENTS" of Chapter 12 "ZONING" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: ORDINANCE NO. PAGE 1 • C. PROCEDURE All requests for amendments to zoning district boundaries shall be submitted, together with required fees to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda. The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment, however all hearings and deliberations shall be limited to the zoning classification requested by the applicant at the time of original filing, or a more restrictive classification. For purposes of this Section, R-1L shall be considered the most restrictive zoning classification, then, in decreasing order of restrictiveness, R-1, R-2, R-3, R-4, C-1, C-2, I-1 and I-2, with I-2 being the least restrictive zoning classification in the City. E. COMMISSION REPORT The Planning and Zoning Commission, after the public hearing is closed shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change, or may recommend against the requested zoning classification and in favor of a more restrictive zoning classification, and may, but need not, include reasons for such decision. The Commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the Commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal. L. COUNCIL ACTION ON APPLICATION The proponent of any zoning change shall satisfy the City Council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council's satisfaction, it may grant the requested zoning change; or it may change ORDINANCE NO. 838-98 PAGE 2 • the zoning to a more restrictive zoning classification than was requested; or it may change the zoning designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district less restrictive than that requested and of a different character. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 12 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 1V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 28th day of ~,z r; ~ 1998, by a vote of 5 ayes, 0 nays, and 0 abstentions. p~D APPROVED: ~ 'gym`' ~ ~ C. F. Kelley, Mayor w t * ~ ,~~,r tea'. ATTEST: ~ ':`:~9~'' ~ , e~ s • s~ . a ~are~~e" Willis, City Secretary PPRO ED AS TO FORM AND L GALITY: i ~ • aul F. Wieneskie, Ci y Attorney rhlib391/030298 ORDINANCE NO. 838-98 PAGE 3