HomeMy Public PortalAboutOrdinance No. 1171-10 06-08-2010 1171-10
CITY OF RICHLAND HILLS ORDINANCE NO.
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 THE OPERATION OF A FARMERS' MARKET ON
CERTAIN PROPERTY LOCATED AT 6980 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 Ordinance, the agent of the
owner of the property referenced below has filed an application for a Special Use Permit to operate
a farmers' mazket land use on the property located at.6980 Baker Boulevazd; 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 Government 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.
SPECIAL USE PERMIT GRANTED
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 02-10
Applicant: North Central Texas Farmers' Mazket
Property Address: 6980 Baker Boulevard
Richland Hills, Texas
Legal Description: Lot 2A, Block 2 of the Mathew Resubdivision of the Richland Park
Addition to the City of Richland Hills
Zoning Change: The property shall remain in the "C-2" General Commercial Zoning
District, and a Special Use Permit permitting the operation of a
Farmers' Mazket land use is hereby granted, subj ect 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, pazks and other public requi*~ments. 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.
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 SPECIAL USE PERMIT FOR FARMERS MARKET AT 6980 BAKER BLVD. - PAGE 2
W:\Kichland Hills\Ordinance\Zoning\Farmers Market Special Use Permit Ordinance.tgs.6.2.10.wpd
SECTION 4.
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 as 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
Anyperson, firm or corporation who violates, disobeys, omits, neg:~cts 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 aze 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 declared to be the intention of the City Council that the phrases, clauses,
sentences, pazagraphs, and sections of this ordinance aze severable, and if any phrase, clause,
sentence, pazagraph or section of this ordinance shall be declazed unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
ORDINANCE GRANTING SPECIAL USE PERMIT FOR FARMERS MARKET AT 6980 BAKER BLVD. PAGE 3
W:\Richland Hills\Ordinance\Zoning\Farmers Market Special Use Permit Ordinance.tgs.6.2.10.wpd
any of the remaining phrases, 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 by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF 2010.
ONORABLE DAVID . RAGAN, MAYOR
ATTEST:
\~~~~uuniiiiui~,,,
INDA CANTU, TMRC, CITY SECRETARY ' ~ ~
~ h=
EFFECTIVE: ~ ~ 01 D w'-• • y~~\
APPROVED A TO ORM AND LEGALITY:
T1M G. SRALLA, CITY ATTORNEY
ORDINANCE GRANTING SPECIAL USE PERMTT FOR FARMERS MARKET AT 6980 BAKER BLVD. PAGE 4
W:\Richland Hills\Ordinance\Zoning\Farmers Market Special Use Permit Ordinance.tgs.6.2.10.wpd