HomeMy Public PortalAboutOrdinance No. 1072-06 12-12-2006 • CITY OF RICHLAND HILLS ORDINANCE NO. 1072-06
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF RICHLAND HILLS, BY CHANGING THE ZONING OF CERTAIN
PROPERTIES CURRENTLY ZONED AS R-2 TWO-FAMILY
RESIDENTIAL TO R-3 MULTI-FAMILY RESIDENTIAL MEDIUM
DENSITY; 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 PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills 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 Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government 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, and providing for a method
• to amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, a change in the zoning of the property listed below from R-2Two-Family to R-
3 Multi-Family Residential Medium Density was requested by persons or entities having a
proprietary interest in those properties; and
WHEREAS, such change is in accordance with the City's Comprehensive Land Use Plan;
and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on the 4t" day of December 2006, and by the City Council of the City on the 12~" day of
December 2006, with respect to the use changes described herein; 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 the
comprehensive zoning ordinance and Chapter 211 of the Local Government Code; and
WHEREAS, the City Council of the City does hereby deem it advisable and in the public
interest to amend Chapter 90 of the City Code, as amended, as described herein;
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
PROPERTY RE-ZONED
Chapter 90, as amended, is hereby amended so that the zoning of the hereinafter described
areas shall be altered, changed and amended as shown and described below:
Owner:
Address: 3223 Dreeben Drive
Richland Hills, Texas
Legal Description: Lot 1 R, Block 4, Richland Hills South Addition
Richland Hills, Tarrant County, Texas
Zoning Change: From R-2 Two-Family to R-3 Multi-Family Residential Medium
Density
SECTION 2.
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
. The zoning districts, boundaries and uses 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 and with a view of
conserving the value of the buildings and encouraging the most appropriate use of land throughout
the community.
SECTION 3.
DIRECTION TO AMEND OFFICIAL ZONING MAP
The City Secretary is hereby directed to amend the official zoning map to reflect the changes
in uses approved herein.
SECTION 4.
PROPERTY SUBJECT TO ZONING ORDINANCE
The use of the properties hereinabove described shall be subject to all the applicable
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regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent
• ordinances of the City of Richland Hills, Texas, for the zoning district into which they have been
assigned.
SECTION 5.
ORDINANCE CUMULATIVE
This Ordinance shall be cumulative of 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.
PENALTY
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 ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense. In addition, 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 ordinance maybe subjected to such civil penalties as authorized by law.
• SECTION 7.
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights or remedies of the City are expressly saved as to any and all violations of Chapter
90, as amended, or any other ordinance affecting zoning and land use 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 8.
SEVERABILITY
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 9.
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PUBLICATION
• The City Secreta is hereb directed to ublish in the official news a er of the Cit the
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caption, penalty clause, publication clause, and effective date clause of this ordinance twice as
authorized by Section 52.013 of the Local Government Code.
SECTION 10.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required bylaw, and it is so ordained.
PASSED AND APPROVED ON THIS 12th DAY OF DECEMBER 2006.
.
E HONORABLE DAV L. RAGAN, MAYOR
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APPROV D TO FORMA D LEGALITY: ,/~~~~~~~~?????tttttt\\`
TIM G. SRALLA, CITY ATTORNEY
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