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Home My Public Portal AboutOrdinance No. 1229-12 05-01-2012CITY OF RICHLAND HILLS ORDINANCE N01229-12 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; 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 21 I 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' market land use on the property located at 6980 Baker Boulevard; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on the 23rd day of April, 2012, and by the City Council o f the City on the 1st day o f May, 2012, 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 2I1 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 areas shall be altered, changed and amended as shown and described below: Zoning Case No.: SUP 07-12 Applicant; North Central Texas Farmers' Market Corporation Property Address: 6980 Baker Boulevazd Richland Hills, Texas Legal Description: Lot 2A, Block 2 of the Mathew Resubdivision of the Richland Pazk 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' Market land use is hereby granted, subject to the restrictions, conditions 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 ofpromoting 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 character of the. district and its peculiar suitability for the particulaz 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 GRANTIiVG SPECIAL USE PERMIT FOR FARMERS MARKET AT 6980 BAKER BLVD. PAGE 2 W:1Richland HiIlslOrdinance\ZoninglFarmers Market Special Use Permit Ordinanee.saw.4.24.12.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 City staffreport, a copy of which is attached hereto as Exhibit "Ay"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 June 2, 2012, and terminate on October 31, 2012; 2. The hours of operation shall be restricted to Saturdays, 8:00 a.m. to 5:00 p.m.; The items that maybe sold are restricted to baked goods, soaps, cheeses, tamales as well as those items listed in the applicant's application. 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 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 theprovisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,004.00) 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 7. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS A11 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, ORDINANCE GRANTING SPECIAL USE PERMTI' FOR FARMERS MARKET AT 6980 BAKER BLVD. PAGE 3 W:litichland Hills\Ordinancc~Zoning\Famicrs Markct Special Use Permit Ordmance.saw.4.24.t2.wpd both civil and criminal, same shall not be affected by this Ordinance but may be 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, 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 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, 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 ATTEST: LIND CANTU, TMRC, CITY SECRETARY EFFECTNE: l d~ DAY OF ~, 2012. E DAVID L. AN, MAYOR `~~~~tun w+~p~~~ t~ '~ o ~ ~ ~` rv - ~~~/tUllN~tlNl+~~~~ ORAIPIANCE GRANTING SPECIAL USE PERMIT FOR FARMERS MARKET AT 6980 BAKER BLVD. PAGE 4 W:1Richland Hi11s~0idinancelZoninglFarmers Market Special Use Permit Ordinance.saw.4.24.12.wpd APPROVED AS TO FORM AND LEGALITY: ORDINANCE GRANTING SPECIAL USE PERMIT FOR FARMERS MARKET AT 6950 BAKER BLVD. PAGE 5 W:1Richland Hills~OrdinancelZpning~Farmer5 Markct Special Use Permit Ordinanee.saw.4.24.12.wpd