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Home My Public Portal AboutOrdinance No. 1250-13 06-18-2013Page 1 of 5 CITY OF RICHLAND HILLS ORDINANCE NO. 1250-13 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 TO THE OPERATOR OF A TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND FOR CERTAIN PROPERTY LOCATED AT 6940 BAKER BLVD.; 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 focal 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, a public hearing was duly held by the Planning and Zoning Commission of the City on the 10th day of June, 2013, and by the City Council of the City on the 18th day of June, 2013, with respect to the uses 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: Ord.1250-13 SUP FOR TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND, 6940 BAKER BLVD. Page 2 of 5 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 13-13 Applicant: Amin G. Jhaveri Business Owner: Nancy Ortiz Sol y Luna 279 Belle St. Bedford, TX 76022 Property Owner: Amin G. Jhaveri 6940 Baker Blvd. Richland Hills, TX 76118 Property Address: 6940 Baker Blvd. Richland Hills, TX 76118 Legal Description: Block 2 E, Lot 1 Mathews Resubdivision Addition of the Richland Park Addition to the City of Richland Hills, Tarrant County, Texas Zoning Change: The property shall remain in the "C-2" General Commercial Zoning District, and a Special Use Permit permitting a Temporary/Seasonal Refreshment (Snow Cone) Stand land use is hereby granted subject to the conditions, restrictions, and limitations provided herein. Term of SUP: The Special Use Permit shall continue for a term as set out below for the use by and as described above, after which time it shall expire, and be of no further effect. SECTION 2. ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING Ord.1250-13 SUP FOR TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND, 6940 BAKER BLVD. Page 3 of 5 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. 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. 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 the restrictions, terms and conditions contained in the City staff report dated June 7, 2013, a copy of which 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: 1. The permit shall commence on June 18, 2013 and terminate on Se, ,~~,(Z. ~~~ 2013. 2. The hours of operation shall be restricted to 1:00 p.m. until 9:00 p.m. Ord.1250-13 SUP FOR TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND, 6940 BAKER BLVD. Page 4 of 5 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 may be 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 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 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 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. Ord.1250-13 SUP FOR TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND, 6940 BAKER BLVD. Page 5 of 5 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. 2013. PASSED AND APPROVED ON THIS ~, 1 ~ DAY OF ATTEST: ~ti~ L NDA CANTU, TRMC, CITY SECRETARY EFFECTIVE: -~~ 4 d..00 APPROVED AS TO FORM AND LEGALITY: BETSY~,CITY ATTORNEY .''lam,/ , ~% ~ - ~ ..+-' o ~_ s V ( cis Ord.1250-13 SUP FOR TEMPORARY/SEASONAL REFRESHMENT (SNOW CONE) STAND, 6940 BAKER BLVD. THE HONORABLE BILL AGAN, MAYOR