HomeMy Public PortalAboutOrdinance No. 1351-18 05-14-2018ORDINANCE NO. 1351-18
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 U5E
PERMIT PERMITTING THE OPERATION OF A BODY ART STUDIO
ON CERTAIN PROPERTY LOCATED AT 7207 LATHAM 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 Body Art
Studio in the "Light Commercial" (LC) Zoning District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City on April 17, 2018, and by the City Council of the City on May 14, 2018 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: Jack and Kat Terrell
Property Address: 7207 Latham Drive, Richland Hills, Texas
Legal Description: All that certain tract or parcel of land, being a part of the Simcoe
Popplewell Survey, Abstract No. 1241, in Tarrant County, Texas,
and Being a portion of the tract described in deed from Cherryll E.
McGuffin and husband John McGuffin to Paul Mason and wife,
Juanita Mason dated March 14, 1960, recorded in Volume 3249,
Page 107, Deed Records of Tarrant County, as more particularly
described and depicted on the attached Exhibit A.
Zoning Change: The property shall remain located in the "Light Commercial" (LC)
Zoning District, and a Specific Use Permit permitting the operation
of a Body Art Studio 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 B, 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 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 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
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 14`h DAY OF MA
THE HONORABLE ED
ATTEST:
V
CATHY BO ,CITY SEC ARY
AP S TO FORM AND LEGALITY:
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EXHIBIT A
All that certain tract or parcel of land, being a part of the Simcoe Popplewell Survey, Abstract
No. 1241, in Tarrant County, Texas, and Being a portion of the tract described in deed from
Cherryll E. McGuffin and husband John McGuffin to Paul Mason and wife, Juanita Mason dated
March 14, 1960, recorded in Volume 3249, Page 107, Deed Records of Tarrant County, and
being more particularly described by metes and bounds as follows:
Beginning at a concrete monument in the north line of Latham Drive, the Southwest corner of
the above reference tract, and being be deed calls 791.9 feet South and 289.0 feet West from the
Northeast corner of a tract conveyed from O.A. Bateman and wife, Erma Bateman to Texas
Electric Service Company by deed dated Apri123, 1948, recorded in Volume 1998, Page 598,
Deed Records, Tarrant County, Texas.
Thence North 89 degrees 35 minutes East along the North line of Latham Drive 80.0 feet to iron
pin for corner;
Thence North 120 feet to an iron pin for corner;
Thence South 89 degrees 35 minutes West 80 feet to an iron pin for corner;
Thence 120 feet to place of beginning.
EXHIBIT B
1. Install landscaping, overlay parking lot with asphalt, restripe parking lot, install new
concrete drive approach and remove pipe fencing per attached site plan within 180 days
of issuance of Temporary Certificate of Occupancy;
2. Install refuse (dumpster) screening per City ordinance;
3. Hours of operation are limited to 9:OOAM to 10:00PM, Sunday through Saturday; &
4. All parking must occur on site and in approved parking spaces.