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
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ORDINANCE NO. 7 2 3- 9 4 PAGE 3