The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1488-23 10-23-2023 ORDINANCE NO. 1488-23 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 PROPERTY, SPECIFICALLY THE NORTH 150 FEET OF LOT 24, BLOCK 26, RICHLAND HILLS ADDITION, AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, CURRENTLY ZONED AS SINGLE-FAMILY RESIDENTIAL (SF-10), TO MIXED USE (MX); PROVIDING FOR THE AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES TO SAID PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATION; 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, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, a change in the zoning of the property listed below was requested by person or entity having a proprietary interest in the property; and WHEREAS, a public hearing was held at a meeting of the Planning and Zoning Commission on September 26, 2023, and the City Council on October 23, 2023, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1. PROPERTY RE-ZONED Chapter 90, as amended, is hereby amended by rezoning the north 150' of the property located at 6831 Baker Blvd., Richland Hills, Texas 76118, being more fully described as being the northern 150 feet of Lot 24, Block 29, Richland Hills Addition, Tarrant County, Texas, according to plat recorded in Volume 1974, Page 27, Deed Records, Tarrant County, Texas, from Single-Family Residential (SF-10) to Mixed Use (MX). 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 Land Use 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. Ordinance No. 1488-23, Page 2 of 4 SECTION 5. 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 6. PROVISIONS SEVERABLE 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 6. PENALTY CLAUSE 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. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper as/if required by law. SECTION 8. 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. Ordinance No. 1488-23, Page 3 of 4 APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on October 23, 2023, by a vote of / ayes, nays, and abstentions. APPROVED: f/f "uss"'" The Honorable Mayor Edward ez "�1\t D d�//�'o,,��// ATTEST: �4� ' . i6dsay Ra on, City Secretary '% Ordinance No. 1488-23, Page 4 of 4