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Home My Public Portal AboutOrdinance No. 1059-06 01-10-2006 ORDINANCE NO. 1059-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE CITY'S COMPREHENSIVE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RICHLAND HILLS, TEXAS, BEING APPROXIMATELY 1.71 ACRES ENCOMPASSING LOTS 7, 8, 9, AND 10, BLOCK 2, WILLMAN ADDITION, AND BEING MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" GENERAL COMMERCIAL ZONING DISTRICT TO A PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT IN ACCORDANCE WITH THE SITE PLAN ATTACHED AS EXHIBIT "B" AND WITH OPEN PARKING; 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 SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY FOR VOILATIONS HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas 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; WHEREAS, pursuant to Chapter 211 of the Local Goverment Code, the City has • adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the City has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code in order to regulate zoning as authorized by Chapter 211 of the Texas Local Govenunent Code; and WHEREAS, the above property is currently subject to a zoning classification of "C-2" General Commercial District under the City's comprehensive zoning ordinance; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Richland Hills and by the City Council of the City of Richland Hills, to determine an appropriate permanent zoning classification for said property; 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 Chapter 211 of the Local Government Code; and WHEREAS, the City of Richland .Hills, Texas does hereby deem it advisable and in the public interest to amend the City's comprehensive zoning ordinance, as amended, as described herein. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: H:\ORDINANC\Rezoning 7410 Boulevard 26 PUD.doc Page 1 of 4 SECTION 1. • Chapter 90 of the Richland Hills City Code, the City's comprehensive zoning ordinance, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: Approximately 1.71 acres, being comprised of the property commonly known as 7410 Boulevard 26, 4151 Willman Avenue, and 5159 Willman Avenue, all in the City of Richland Hills, the legal description of which is Lots 7, 8, 9, and 10, Block 2, of the Willman Addition to the City of Richland Hills, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "C- 2" General Commercial District to a "PUD" Planned Unit Development District with "C-2" General Commercial District retail uses as depicted on the approved Site Plan and building elevations, attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: 1. All signage, except to the extent depicted on the approved Site Plan, shall be subject to the City's sign ordinance. 2. All parking spaces on the property shall be open parking, as opposed to dedicated parking. SECTION 2. • The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions 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 allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property described above 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. • H:AORDINANC\Rezoning 7410 Boulevard 26 PUD.docPage 2 of 4 • SECTION 5. This Ordinance shall be cumulative of Chapter 90 of the Richland Hills City Code, as amended, and 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. All rights or remedies of the City of Richland Hills, Texas are expressly saved as to any and all violations of Chapter 90 of the Richland Hills City Code or of any amendments thereto 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 7. 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. SECTION 8. The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause, and effective date of this Ordinance to the extent required by law. SECTION 9. 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 Ordinances shall be fined no more than Two Thousand Dollars ($2,000.00) far each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 10"'day of January 2006. ~ . ~ ` id L. Ragan, Mayor =i• i • r v ` • • • 'z~~~~~~~nn i ~ i i nu~``~~`~ H:\ORDINANC\Rezoning 7410 Boulevard 26 PUD.docPage 3 of 4 ATTEST: ',r'~ KI SUTTEk, CITY SECRETARY APP VED S O FORM AND LEGALITY: TIM G. RAL A, CITY ATTORNEY • • H:\ORDINANC\Rezoning 7410 Boulevard 26 PUD.docPage 4 of 4