HomeMy Public PortalAboutOrdinance No. 1339-17 10-09-2017ORDINANCE NO. 1339-17
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY
GRANTING A SPECIFIC USE PERMIT PERMITTING THE OPERATION OF A PET
CARE AND GROOMING, INDOOR BUSINESS ON CERTAIN PROPERTY LOCATED
AT 7273 GLENVIEW DRIVE, RICHLAND HILLS, TEXAS; 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, in accordance with the Comprehensive Zoning Ordinance, the owner of the
property referenced below has filed an application for a Specific Use Permit for a Pet Care and
Grooming, Indoor business in the "Mixed Use" (MX) Zoning District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on October 2, 2017, and by the City Council of the City on October 9, 2017 with respect to
the 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 grant such permit on the terms and conditions described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS:
SECTION 1
SPECIAL USE PERMIT GRANTED
Chapter 90 of the City Code, as amended, is hereby amended so that a specific use permit is
granted as shown and described below:
Applicant: Terry's Luv-A-Dog, LLC
Property Address: 7273 Glenview Drive, Richland Hills, Texas 76118
Legal Description: An approximate .2365 acre parcel of land, Lot 1 Block 1 of the
Averitt Addition, City of Richland Hills, Texas as more particularly
described on the attached Exhibit A.
Zoning Change: The property shall remain located in the "Mixed Use" (MX) Zoning
District, and a Specific Use Permit permitting the operation of a
Pet Care and Grooming, Indoor business is hereby granted subject
to the terms and conditions provided herein.
SECTION 2
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
The zoning districts, boundaries and uses as herein established herein 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
ZONING ORDINANCE AND SPECIAL TERMS AND CONDITIONS APPLICABLE
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. In
addition, use of the property described above shall be subject to all restrictions, terms and
conditions contained in the site plan and conditions attached as Exhibit A, which is incorporated
herein by reference.
SECTION 4
ORDINANCE CUMULATIVE
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 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 bylaw.
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
maybe 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 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 bylaw.
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 9th DAY OF OCTOBER, 2017
f
THE HONORABLE BILL AGAN, MAYOR
ATTEST:
(/oJj �07
CATHY BOURG, CITY SECRETA
APPROVED AS TO FORM AND LEGALITY:
BETS ELAM, CIT A ORNEY
/if///i/1f Illlllt!1\\\`\\\
g o§~
;W
a
i
:
ra
5
t
„
l e
.
~P ~exE ~~o Yi..
~
W W
len
x
N d ~
g
.
~S Ws.
~
S
0~ ¢ Y~~P
8
~ 7
~ P
:
f
4
~e
~ •
o N .
e Ey
u
o y
.
~g c ~
•
~ Q~Y
~~
6~ °
F
~~
Y ~: zas~.~o :~
3i .g.. g€e~
Y~ ~ a
~E°`
~%~
~~
£ Q
S
w
a:aa~°
a:w
Y
F
~Y
as
Y
o «.,. new
~s
y ~ g
x
J
x V_
~
~. ,
x
n..
z
a~
z
Zv
u_4 1
~ m
m
c~
M QIfL H
11~ U
o U~caE
°a z ~ a
as ~ d
a
..i
~ °O> i
\ \ - - _ _ - - - _ _ -iN3rv3sr
\ ~ ~^
~ ~ ~
~~
~ I ~~o
i i ~
W -- --
I
'"~
~S
I ~ ~ ~ ~
I ~ I ~ I ~~
ti ~ y ~
~ ~ ~ Ya
I a I
I i I ~~~
m~
i
s
s
z
s
~ I
o
i
i
_~.71imde~u_ 6 =
t13="_°
1N3W3sV3 ,anon
~ ~~ I ~"-
WI
f ,<, u
~~a ~ o
~
~
o ~ ~~~ ~
$ - o
_ ~
~
wf ~
,
_~ o
f ~ VM 3N0 ^ ~~tt
,003E0{oAl 9,00100.00 N
~
o I I
f ~~~
~io
~~ 8
~ r~~o
e~
0
N "'
m ~
Q i
Z
O
K =
] U
z N=
~og~
a
H a
3
z xA3~
o A 3~
4. a d ~~
~ ?~
~ ~ ~ wa
~ H a o
~ ~ ~ ~' v
W
a ~ o
5~
0 0
~o
0
a °a
a
U ¢
m
V
Z
a
a
w ~~~
F ~
6 ~~a
K e
w ~~
~g~~~
I
i
I
~ o ~.
~ o=
i I ~ N
~~ _
~o=
O I
~~~
w~.
~~~ __
W ~ l~M~o~u,os)
N _ _ _
~ ' S77IH ~I.77~
~ ~ _
I
I
i
I _
i I 8'g
~g8
~ r.
Q~gw
E~B~
€g
E='"s
s$~ 8