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HomeMy Public PortalAboutOrdinance No. 899-01 06-26-2001 • ORDINANCE NO. 899-O1 AN ORDINANCE AMENDING CHAPTER 12 "ZONING" OF THE RICHLAND HILLS CODE OF ORDINANCES, AND THE OFFICIAL RICHLAND HILLS ZONING MAP, TO CHANGE THE ZONING CLASSIFICATION OF LOT 1, BLOCK 5, RICHLAND HILLS SOUTH ADDITION, FROM ITS CURRENT CLASSIFICATION OF R-2 "TWO-FAMILY RESIDENTIAL" TO CLASSIFICATION R-3 "MULTI- FAMILY RESIDENTIAL - MEDIUM DENSITY"; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, a certain lot or tract of property located within the City of Richland Hills, described as Lot 1, Block 5, Richland Hills South Addition, is currently zoned R-2 "Two-Family Residential", and WHEREAS, said lot, comprising approximately''/z acre of land, currently has located upon it a duplex and a triplex unit, comprising a total of five (5) dwelling units; and • WHEREAS, the said five (5) dwelling units were constructed on the property at a time when, under the existing ordinances of the City, it was lawful to erect and maintain five (5) dwelling units on said half acre lot and, therefore, such use was lawfully existing before the zoning classification on the said property was changed to a more restrictive classification; and WHEREAS, the use to which the lot is currently put is a lawful, non-conforming use, but such non-conforming status impairs the marketability of said property; and WHEREAS, in the R-3 "Multi-Family Residential -Medium Density" zoning district no more than five (5) dwelling units would be permitted on such half-acre lot; and WHEREAS, proper notice of this proposed amendment has been given as required by law, and public hearings thereon have likewise been held, as provided by law; and WHEREAS, the following proposed amendment, after public hearing before the Richland Hills Planning and Zoning Commission, received a recommendation to the City Council that such amendment be adopted; and WHEREAS, the Richland Hills City Council finds and determines that the highest and best use of the said Lot 1, Block 5, Richland Hills South Addition, is for multi-family residential use at a maximum density of five (5) dwelling units upon said half acre lot. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • I. That Chapter 12 "ZONING" of the Richland Hills Code of Ordinances, as amended, and the Official Zoning Map of the City be and the same are hereby amended to change the zoning classification of Lot 1, Block 5, Richland Hills South Addition from its current zoning district classification of R-2 "Two-Family Residential" to a new zoning district classification of R-3 "Multi- Family Residential -Medium Density". 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 and the Official Zoning Map • of the City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. 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 26thday of ,June , 2001, by a vote of ayes, ~ nays, and 0 abstentions. APPROVED: C. F. Kelley, Mayor ATTEST: _ ~M1 ~ ~ • Terri Willis, City cretary ORDINANCE NO. R~~_ni PAGE 2 • APPROVED AS TO FORM AND LEGALITY: James A. Cribbs, City Attorney G:\Docs\R\RHills\Ordinances\Zoning Map.wpd June 14, 2001 • • ORDINANCE NO. PAGE 3 APPROVED AS TO FORM AND LEGALITY: • James A. Cribbs, City Attorney G:\Docs\R\RHills\Ordinances\Signs - Political.wpd June 6, 2001 • • ORDINANCE NO. PAGE 3