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Home My Public Portal AboutOrdinance No. 1260-13 12-17-2013// CITY OF RICHLAND HILLS ORDINANCE NO. 1260-13 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, 6.775 ACRES DESCRIBED AS LOTS 1-A, 2-A-1, AND 3-A, BLOCK 1 OF THE BARCLAY ADDITION, CURRENTLY ZONED AS PUD PLANNED UNIT DEVELOPMENT, BY AMENDING ORDINANCE NO. 951- 03 BY REVISING SECTION 1. 10.a. OF THE PLANNED UNIT DEVELOPMENT DISTRICT STANDARDS; 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, 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, the Amended Plat of the property which consists of 6.775 acres located within the City and described as Lots 1-A, 2-A-1, and 3-A of the Barclay Addition, was approved by the City Council on December 3, 2013 (an Amended Plat of Lots 1, 2, 2-A and 3, Block 1 of the Barclay Addition, being a replat of Lots 1-7, Block 23, of the Richland Hills Addition to the City of Richland Hills, and TR3A, TR3A1, TR3A1 a and TR3A2 of the Mahaly Lynch Survey, A-953, in the City of Richland Hills, Tarrant County, Texas, recorded in Volume 388/C, pg.24, Plat Records, Tarrant County, Texas); and WHEREAS, a public hearing was jointly and duly held by the Planning and Zoning Commission of the City and by the City Council of the City on the 19th day of December, 2013, with respect to the uses described herein; and PAGE1 C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\W INDOW SITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\SWOFX101\WAL-MART REVISED PUD ORD 1260-13.DOCX (12/]7/13) // WHEREAS, all requirements of taw 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 of the City Code, 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: Lots 1-A, 2-A-1, and 3-A, Block 1 of the Barclay Addition (An Amended Plat of Lots 1, 2, 2-A and 3, Block 1 of the Barclay Addition), City of Richland Hills, Tarrant County, Texas Zoning Change: The Development Plan attached to and incorporated into Ordinance No. 951-03 as Exhibit A, Planned Unit Development District Standards, is amended by striking line 1 of Section 1.10.a of Planned Unit Development District Standards, as follows: 1.10. Tractor Trailer Truck Access: Tractor-trailer truck access to the site shall be allowed for this development with the following limitations. a. Access from Hovencamp [sic] shall be limited to the following: 'I (lr~hi hefi~ioor~ 4he h~~~rc~ r.f L2•nn AAA .....J 7•!1/1 ~~A (~.....L.-..1 T:....... 2. No parking of Tractor-trailer trucks shall be allowed on this public street The Metes and Bounds of the 6.775 acres subject to this re-zoning is attached hereto as Exhibit A, the Amended Plat of Lots 1-A, 2-A-1, and 3-A, Block 1 of the Barclay Addition is attached hereto as Exhibit B, and the Site Plan is attached hereto as Exhibit C, said Exhibits hereby incorporated into this amending ordinance, and shall be PAGE 2 C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\SWOFX101\WAL-MART REVISED PUD ORD 1260-13.DOCX (12/17/13) // referenced on the zoning district map and constitute 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. 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 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 property described herein shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City, for the zoning district into which they have been assigned. SECTION 5. ORDINANCE CUMULATIVE PAGE 3 C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\SWOFXl01\WAL-MART REVISED PUD ORD 1260-13.DOCX (12/17/13) // 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 may be 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. 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 by law. PAGE4 C:\USERS\LCANTU\APPDATA\LOCAL\M[CROSOFT\WINDOWSITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\SWOFX101\WAL-MART REVISED PUD ORD 1260-13.DOCX (12/17/13) // 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 ~~ DAY OF , 2013. w) THE HONORABLE BILL AGAN, MAYOR ATTEST: INDA ANTU, TRMC, CITY SECRETARY EFFECTIVE: ~ ~ p ~J ~y I -r '.~ _E- ~ a- v ~ l-~ y= ,: ~'''~~~~nninmu~r``~ PAGES C:\USERS\LCANTLI\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\SWOFX101\WAL-MART REVISED PUD ORD 1260-13.DOCX (12/17/13) APPROVED AS TO FORM AND LEGALITY: