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HomeMy Public PortalAboutOrdinance No. 723-94 05-09-1994 • ORDINANCE NO. ~ 2 3 - 9 4 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF RICHLAND HILLS, TEXAS, TO GRANT A SPECIAL USE PERMIT FOR COUNTERTOP MANUFACTURING ON LOT 1A-30, BLOCK 98, RICHLAND HILLS ADDITION; IMPOSING CERTAIN CONDITIONS UPON SAID SPECIAL USE PERMIT; DECLARING THAT SAID SPECIAL USE PERMIT IS PERSONAL TO "THE TENANT AND MAY NOT BE TRANSFERRED; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Catherine Calloway, the owner of Lot 1A-30, Block 98, Richland Hills Addition, an Addition to the City of Richland Hills, Tarrant County, Texas, has made application for a special use permit for the construction of a new building and operation of a countertop manufacturing business on said lot; and WHEREAS, the application has been reviewed by the Richland Hills Planning and Zoning Commission, and has been found to be in compliance with the provisions of Section 6 "Special Uses" of the Zoning Chapter of the Richland Hills Code of Ordinances; and WHEREAS, the Planning and Zoning Commission has recommended that said special use permit be granted; and WHEREAS, a public hearing has been held on the special use permit application, after notification of surrounding property owners as required by said zoning ordinance; and WHEREAS, the Planning and Zoning Commission has recommended, and the City Council desires to impose hereby, additional conditions upon the issuance of the special use permit and upon the maintenance of the special use authorized thereby; and WHEREAS, the City Council of the City Richland Hills, Texas, upon consideration of the public interest and the welfare of the community, finds that the special use permit requested by Catherine Calloway for the above-referenced lot should be granted subject to the conditions hereinafter stated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY RICHLAND HILLS, TEXAS: I. That the Official Zoning Map of the City of Richland Hills, Tarrant County, Texas, as amended, be hereby amended to grant a special use permit for a custom countertop manufacturing business to be conducted upon Lot 1A-30, Block 98, Richland Hills Addition, an Addition to the City of Richland Hills, Tarrant County, Texas, with the proviso that said permit shall only be valid while said lot continues to be owned by Catherine Calloway, the applicant, and while the tenant of said ORDINANCE NO. 7 2 3- 9 4 PAGE 1 • property conducting said business shall be Terry Nelson. If either of these conditions ceases to exist, the special use permit granted hereby shall immediately terminate and be revoked. II. That as a condition of said special use permit, the following conditions shall be complied with by the owner and tenant of said property: A. All provisions of Section 18 and Section 19 of Chapter 12 "ZONING" of the Richland Hills Code of Ordinances, as amended, shall be complied with the owner and occupant of said property, and specifically the provisions of said Sections concerning parking, structures and greenbelt areas in a C-2 general commercial zone shall be complied with by the owner and occupant. B. The special use permit granted hereby is granted only for the specific business operated by the specific tenant referenced above. This special use permit shall not be transferable to any new owner, new business or new tenant of said property. If ownership of the property is transferred, or if the business conducted thereon shall be changed, this special use permit shall immediately terminate. • C. The building currently existing on the premises referenced above as of the date of this ordinance shall be demolished and all debris and building materials shall be removed from the property, and a new building constructed thereon as set forth in the site plans and other documents submitted by the applicants, which plans and documentation are hereby incorporated into and made a part of this ordinance by reference as if set forth at length, and shall become a part of the special use permit granted hereby. D. The City Council of the City of Richland Hills, Texas, finds and determines that the additional conditions hereby imposed are necessary to protect the public interest and the welfare of the community. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. • ORDINANCE NO. 7 2 3- 9 4 PAGE 2 IV. Saving Clause. That the Official Zoning Map and Chapter 12 of the Richland Hills Code of Ordinances, Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 9th day of MaY 1994, by a vote of 5 ayes, ~ nays, and ~ abstentions. APPROVED: C. F. Kelley, Mayor ATTEST: Te ill' ,City ecre ary VED AS TO FORM: ~ Paul F. Wieneskie, City Attorney m1ib525lbh/050594 • ORDINANCE NO. 7 2 3- 9 4 PAGE 3