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Home My Public Portal AboutOrdinance No. 1220-11 12-19-20111220-11 CITY OF RICHLAND HILLS ORDINANCE NO. 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 LOCATED AT LOTS 9, 10 & 11B, BLOCK H, RICHLAND HILLS ADDITION, FROM GENERAL COMMERCIAL DISTRICT (C-2} TO SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) AND LOTS 7 & 8 BLOCK H, FROM SINGLE FAMILY RESIDENTIAL DUPLEX (R-2} TO SINGLE FAMILY RESIDENTIAL DISTRICT (R-1};PROVIDING FOR THE AMENDMENT OF THE OFFICLAI, ZONING MAP TO REFLECT SUCH CHANGES; FINDING THAT THE COMPREHENSIVE PLAN IS, TO THE EXTENT INCOMPATIBLE WITH THESE CHANGES, INFEASIBLE; PROVIDING FOR AMENDMENT OF THE COMPREHENSIVE PLAN TO CONFORM TO 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 OFFICL~L, 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, codified as Chapter 90 of the City Code, and a comprehensive zoning 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 on December 19, 2011, and thereafter by the City Council on December 19, 2011, 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 l.. 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: Zoning Case No.: Z-O1-11 Property 1: Owner: Patricia Avery Address: Not yet designated Richland Hills, Texas Legal Description: Lot 11B, Block H, Richland Hills Addition Zoning Change: From General Commercial District (C-2) to Single Family Residential District (R-1) Property 2: Owner: David Avery Address: 6560 Davidson Street Richland Hills, Texas Legal Description: Lot 10, Block H, Richland Hills Addition Zoning Change: From General Commercial District (C-2) to Single Family Residential District (R-1) Property 3: Owner: Jose and Maria Coronilla Address: 6556 Davidson Street Richland Hills, Texas Legal Description: Lot 9, Block H, Richland Hills Addition DAVIDSON STREET REZONING ORDINANCE ppGE y W:Utichland Hills\Ordinance\ZoninglDavidson Street Zoning Boundary Change Ordinance.final.wpd Zoning Change: From General Commercial District {C-2) to Single Family Residential District (R-1) Property 4: Owner: Sandra Gloeckler Address: 6552 Davidson Street Richland Hills, Texas Legal Description: Lot 8, Block H, Richland Hills Addition Zoning Change: From Single Family Residential Duplex (R-2) Single Family Residential District (R-1) Property 5: Owner: Dewazd Suitors Address: 6548 Davidson Street Richland Hills, Texas Legal Description: Lot 7, Black H, Richland Hills Addition Zoning Change: From Single Family Residential Duplex (R-2} Single Family Residential District (R-1} SECTION 2. ACCORDANCE WITH COMPREHENSNE PLAN AND PURPOSES OF ZONING AND AMENDMENT OF COMPREHENSIVE PLAN 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, safely, morals and general welfaze of the community. While the properties are listed as "Commercial" on the comprehensive plan, to such extent, the plan is infeasible, in that the properties have been at all times, and are likely to remain for the indefinite future, residential in nature, and that is their highest, best and most appropriate use. The plan, as revised herein, is 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 oftransportation, water, sewerage, parks and otherpublic requirements. It has beenrnade 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. DA'BTDSON STREET REZONING ORDINAPiCE PAGE 3 W:1Richland Hills~Ordinance\Zoning~Davidson Street Zoning Boundary Change Ordinance.final.wpd SECTION 3. AMENDMENT OF OFFICIAL ZONING MAP The official map of the City is amended and the City Secretary is hereby directed to reference such change on the official zoning map to reflect the changes 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. SECTION 5. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all other Ordinances of the City of Richland Hills affecting zoning and land use, as amended, 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 bylaw. 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 alI pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. DAVIDSON STREET REZONING ORDINANCE PAGE 4 W:Uiichland HillsWrdinancelZoningiDavidson Sleet Zoning Boundary Change Ordinance.final.wpd SECTION 8. SEVER.ABILITY 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, pazagraph 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. 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 as required bylaw. SECTION 10. 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 THIS ~ 4 DAY OF 2011. HONORABLE DAVID L.,~AGAN, MAYOR ATTEST: 1~~.~.-~ L A CANTU, CITY SECRETARY EFFECTIVE: I ~ ~ ~ ~ - ~ 0' 1 \\\~III11 n u I n u /,,,,~~ ~ ~ ~ =~ ~ a= s ti; :~ .~ '• ~~ llllllllll DAVIDSON STREET REZONING ORDINANCE PAGE S W:~Richland Hi]1s10rdinancel2oninglDavidsem Streit Zoning Boundary Change Ordinance final.wpd APPROVED AS TO FORM AND LEGALITY: '~`HVl~`'LA, CITY ATTORNEY DAVIASON STREET REZANING ORDIEVANCE PAGE 6 W:~Richland HiIlslOrdinance~ZorsinglDavidson Smet Zoning Boundary Change Ordinance.final.wpd