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Home My Public Portal AboutOrdinance No. 1091-07 05-22-2007 RICHLAND HILLS ORDINANCE NO. 1091-07 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, SPECIFICALLY, LOT CR, IN THE JORDAN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS C-3 MULTISTORY GENERAL COMMERCIAL, TO PUD PLANNED UNIT DEVELOPMENT, PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; APPROVING SIGNAGE FOR SUCH PROJECT; 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 properties listed below was requested by persons or entities having a proprietary interest in those properties; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on May 21, 2007, and by the City Council of the City on May 22, 2007, with respect to the proposed 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; and WHEREAS, the proposed change is consistent with the City's comprehensive land use plan; 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: Legal Description: Lot CR, in the Jordan Addition to the City of Richland Hills, Tarrant County, Texas, according to the revised plan recorded in Volume 388-213, Page 91, Plat Records, Tarrant county, Texas, City of Richland Hills, Tarrant County, Texas Zoning Change: From C-3 Multi-Story Commercial to PUD Planned Unit Development SECTION 2. ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The City Council finds that the changes to the zoning districts, boundaries, regulations and uses as herein established have been made in accordance with the City's zoning code and comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to efficiently plan, control and organize development, lessen congestion in the streets, secure safety from fire, panic, flood and other dangers, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and 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 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. The Planned Unit Development district created herein affecting above-referenced properties shall be specifically subject to the regulations applicable to the C-3 Multi-Story General ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 2 W:\Richland Hills\Ordinance\PUD Approval and Zoning Boundary Change Ordinance for Hotel Development on Lot C-R, Jordan Addition.tgs.5-14-07.wpd Commercial zoning district except in the following respects: 1. The only permitted uses shall be "hotel." 2. The Development Plan attached hereto as Exhibit A is hereby incorporated into this amending ordinance, and shall be referenced on the zoning district map, and such Development Plan constitutes part of the City's comprehensive Zoning Ordinance, Chapter 90 of the City Code, and governs use of the properties referenced above, as provided in Section 90-241 of the City Code. To the extent that the attached Development Plan differs from the regulations applicable to the C-3 Multi-Story General Commercial zoning district, the Development Plan shall control. SECTION 5. SIGNAGE APPROVED The signage portrayed in the Development Plan attached hereto as Exhibit A is approved, and, to the extent a variance would be required to permit such signage, such variance is hereby approved, in lieu of, and not in addition to, other signage that would be permitted. SECTION 6. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of Ordinance No. 500, 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 ofthis ordinance. SECTION 7. 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 ofthe provisions ofthis ordinance maybe subjected to such civil penalties as authorized by law. SECTION 8. 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 ofthis Ordinance and as to such accrued violations and all pending litigation, ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 3 W:\Richland Hills\Ordinance\PUD Approval and Zoning Boundary Change Ordinance for Hotel Development on Lot C-R, Jordan Addition.tgs.5-14-07.vvpd both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 9. SE VERABILITY 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 10. PUBLICATION The City Secretary is hereby directed to publish in the official newspaper of the City the 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 11. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON TH _~DAY OF , 2007. E HONORABLE DAV D GAN\~~l~O~ ~/{~~,'~,~~~i// ATTEST: ~ y ? / ,y IND CANTU, CITY SECRETARY • g / • unnn~~~~~~~`~~\\`~ ~~m EFFECTIVE: ~ p~ ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 4 W:\Richland Hills\Ordinance\PUD Approval and Zoning Boundary Change Ordinance for Hotel Development on Lot C-R, Jordan Addition.tgs.5-14-07. wpd APPROVED TO ORM AND LEGALITY: TIM G. SRALLA, C ATTORNEY ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 5 W:\Richland Hills\Ordinance\PUD Approval and Zoning Boundary Change Ordinance for Hotel Development on Lot C-R, Jordan Addition.tgs.5-14-07.wpd