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HomeMy Public PortalAboutOrdinance No. 1413-20 09-14-2020 DENIED ORDINANCE NO. 1413-20 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 LOTS 3 AND 4, BLOCK 15, RICHLAND HILLS ADDITION, AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS RETAIL (R), TO INDUSTRIAL (I); 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 (“City”) 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 at a meeting of the Planning and Zoning Commission on August 25, 2020, and the City Council on September 14, 2020, 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 THAT, Chapter 90, as amended, is hereby amended by rezoning the property located at 7012 Boulevard 26, Richland Hills, Texas, being more fully described as Lots 3 and 4, Block 15, Richland Hills Addition, an addition to the City of Richland Hills, Tarrant County, Texas, according to plat recorded in Vol. 388-B, Page 230, plat records of Tarrant County, Texas from Retail (R) to Industrial (I). 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 provision 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 THE 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 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 5 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 6 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 7 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 8 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish in the official newspaper of the City the caption, penalty clause, and effective date clause of this Ordinance as required by law. SECTION 9 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 __________________, 2020. _______________________________________ EDWARD LOPEZ, THE HONORABLE MAYOR ATTEST: ___________________________________ CATHY BOURG, CITY SECRETARY EFFECTIVE DATE: ________________________________ APPROVED AS TO FORM AND LEGALITY: _____________________________________ BETSY ELAM, CITY ATTORNEY