HomeMy Public PortalAboutOrdinance No. 1352-18 05-14-2018ORDINANCE NO. 1352-18
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 USE
PERMIT PERMITTING THE OPERATION OF A COMMUNITY
CENTER ON CERTAIN PROPERTY LOCATED AT 3313 CRITES
STREET, 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 Community
Center 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 May 1, 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: I Can Still Shine, LLC
Property Address: 3313 Crites Street, Richland Hills, Texas
Legal Description: Lot 14, Block D of Richland Hills, an Addition to the City of
Richland Hills, Tarrant County, Texas according to the Plat thereof
recorded in Volume 388-C, Page 154, of the Map or Plat Records
of Tarrant County, Texas.
Zoning Change: The property shall remain located in the "Mixed Use" (MX)
Zoning District, and a Specific Use Permit permitting the operation
of a Community Center 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 maybe 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 MAY, 2018
ATTEST:
C
CATHY BO G, CITY SEC TARY
APPROVED A M AND LEGALITY:
BETSY EL - ORNEY
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THE HONORABLE EDWARD LOPEZ, MAYOR
EXHIBIT A
1. Hours of operation shall be limited to 9:OOAM to 9:OOPM Sunday through
Saturday; &
2. No on-street parking.