HomeMy Public PortalAboutOrdinance No. 1197-11 05-10-2011CITY OF RICHLAND HILLS ORDINANCE NO. 1197-11
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; ESTABLISHING RESTRICTIONS,
CONDITIONS AND LIMITATIONS ON SUCH PERMIT; 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 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 10th day of May, 2011, and by the City Council of the City on the 10th day of May,
2011, 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.
PROPERTY RE-ZONED
Chapter 90 of the City Code, as amended, is hereby amended so that the zoning of the
hereinafter described areas shall be altered, changed and amended as shown and described below:
Zoning Case No.: SUP 02-11
Applicant: Jerrie L. Sproggins
Property Owner: Amin G. Jhaveri
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 conditions, 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 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 oftransportation, 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.
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
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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
City staffreport, a copy ofwhich is attached hereto as Exhibit "A," and which is incorporated herein
by reference, and the restrictions, terms and conditions contained in the applicant's application, a
copy of which is attached hereto as Exhibit "B,"and which is incorporated herein by reference, and
the following additional restrictions, terms and conditions:
The permit shall commence on May 11, 2011, and terminate on September 30, 201 l;
2. The hours of operation shall be restricted to 3:00 p.m. unti19:00 p.m.;
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 indirect conflict with
the provisions ofthis 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 ofthe provisions ofthis ordinance maybe subjected to such civil penalties as authorized by law.
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 ofthis 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 8.
ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. PAGE 3
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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 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 ~ bk~ DAY OF , 2011.
ONORABLE DAVID RAGAN, MAYOR
ATTEST:
INDA ANTU, TMRC, CITY SECRETARY
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ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. PAGE 4
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FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
ORDINANCE GRANTING SUP FOR SNOW CONE STAND AT 6940 BAKER BLVD. PAGE 5
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