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Home My Public Portal AboutOrdinance No. 1169-10 06-08-2010 CITY OF RICHLAND HILLS ORDINANCE NO. 1169-10 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY GRANTING A SPECIAL USE PERMIT PERMITTING OPERATION OF A SNOW CONE STAND LAND USE ON CERTAIN PROPERTY LOCATED AT 6940 BAKER BOULEVARD; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; 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 Crrdinance, the owner of the property referenced below has filed an application for a Special Use Permit permitting operation of a Snow Cone Stand land use in the "C-2" General Commercial Zoning District; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on the 17th day of May, 2010, and by the City Council of the City on the 8th day of June, 2010, 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 Governm~-nt Code; and WHEREAS, the City Council of the City does hereby deem it advisable and in the public interest to amend Chapter 90 of the City Code, as amended, as described herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. PROPERTY RE-ZONED Chapter 90 of the City Code, as amended, is hereby amended so that the zoning of the hereinafter described azeas shall be altered, changed and amended as shown and described below: Zoning Case No.: SUP 03-10 Applicant: Richard Wagley, d/b/a Mr. Freezy's Snow Cone Stand Property Address: 6940 Baker Boulevard, Richland Hills, Texas Legal Description: Lot 1, Block 2, Mathews Resubdivision Addition of the Richland Park Addition to the City of Richland Hills Zoning Change: The property shall remain located in the "C-2" General Commercial Zoning District, and a Special Use Permit permitting a Snow Cone Stand land use is hereby granted subject to the restrictions and limitations 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 welfaze 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 chazacter 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. DIRECTION TO AMEND OFFICIAL ZONING MAP The official map of the City is amended and the City Secretary is hereby directed to reference such change on the official zoning map to reflect the changes approved herein. ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. PAGE 2 W:~Richland Hills~Ordinance~Zoning~.Snow Cone Stand Special Use Permit Ordinance.tgs.6.2.10.wpd SECTION 4. 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 attached Exhibit "A," which is incorporated herein by reference. SECTION 5. 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 6. 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 bylaw. SECTION 7. 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 8. SEVERABILITY It is hereby declazed to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance aze severable, and if any phrase, clause, sentence, pazagraph 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 ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. PAGE 3 W:\Richland Hills\Ordinance\Zoning\Snow Cone Stand Special Use Permit Ordinance.tgs.6.2.10.wpd anyofthe remainingphrases,clauses, sentences, pazagraphs and sections ofthis 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, pazagraph or section. SECTION 9. 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 10. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained.. PASSED AND APPROVED ON THIS ~ DAY OF , 2010. v p~ (o / d ~ ONORABLE DA . RAGAN, MAYOR ATTEST: u ~ n u n,,,,~~ 'I• J~ A CAN'TU, TMRC, CITY SECRETARY ~ ~ ' X ~ a= Q ,v y= EFFECTIVE: 0 0 0 ® APPROVED S T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. ~ PAGE 4 W:\Richland Hills\Ordinance\Zoning\.Snow Cone Stand Special Use Pemilt Ordinance.tgs.6.2.10.wpd