The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1385-19 03-25-2019ORDINANCE NO. 1385-19 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY AMENDING ARTICLE 3 TO ALLOW FOR FOOD PROCESSING TO BE AN AUTHORIZED USE WITHIN SPECIFIED ZONING DISTRICTS BY WAY OF A SPECIFIC USE PERMIT, AND BYAMENDING ATRICLE 8 TO ADD A DEFINITION OF FOOD PROCESSING ;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 and 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 held by the Planning and Zoning Commission on February 26, 2019, and thereafter by the City Council on March 25, 2019, with respect to the proposed 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; and WHEREAS, the proposed change is consistent with the City's comprehensive land use plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS; SECTION 1 ZONING TEXT AMENDMENT THAT, Chapter 90, Article 3, Section 3.02 "Use Chart" is hereby amended to allow Food Processing as an authorized use by way of a specific use permit in the I -Industrial and BP -Business Park zoning districts. SECTION 2 ZONING TEXT AMENDMENT THAT, Chapter 90, Article 8, Section 8.01 "Defined Terms" is hereby amended to add the following term: "Food Processing. A process by which agricultural products are transformed into food, or food product in one form is transformed into another form, for consumption by humans or animals." SECTION 2 ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The City Council finds that the changes to the zoning districts, boundaries, regulations and uses as herein established have been made in accordance with the City's zoning code and comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to efficiently plan, control and organize development, lessen congestion in the streets, secure safety from fire, panic, flood and other dangers, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision 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 ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all other ordinances of the City of Richland Hills affecting zoning and land use, 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 4 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 by law. SECTION 5 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 6 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 7 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish in the official newspaper of the City the caption, penalty clause, and effective date clause of this ordinance as required by law. SECTION 8 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 25th DAY OF MARCH, 2019. THE HONORABLE MAYOR EDWARD LOPEZ ATTEST: t~ 7 CATHY BO G, CITY SEC TARY EFFECTIVE DATE: ' I ` ~- C~ ~ ~/ APPROVED AS TO FORM AND LEGALITY: BETSY EL Y TTORNEY .• ~ "':. ~~ ~fi `\ ///////~//// 1 / 1111111 11\ \t\\~~\.~\~ Star-Tele ram MED/A AriirtDtan Git'sx~r-~a,ir~aai I Tite i',ei#er Cifiaen La Estrelia iklansfieid Na:wsaMirr ::.T,.,-.~rarn Neartheast ; Weathar#tsrd Star" ,-::; -: star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. T6102-6315 AFFIDAVIT OF PUBLICATION n# Num er d n'fication P A oun s De h 600656 D004151066 ORDINANCE NO. 1385-19 AN ORDINANCEA ORDINANCE NO. 1385-19 $111.79 1 59.00 Li Attention: Cathy Bourg CITY OF RICHLAND HILLS 3200 DIANA DR FORT WORTH, TX 761186237 -. -- ORDINANCE NO. 1385-19 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING OR- DINANCE OF THE CITY OF RICHLAND HILLS, BY AMEND- ING ARTICLE 3 TO ALLOW FOR FOOD PROCESSING TO BE AN AUTHORIZED USE WITHIN SPECIFIED ZONING DISTRICTS BY WAY OF A SPECIFIC USE PERMIT, AND BYAMENDING ATRICLE 8 TO ADD A DEFINI- TION OF FOOD PROCESSING ; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVID- ING APENALTY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE PROVIDING FOR PUB- LICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS; PENALTY Any person, firm or corporation who violates, diso- beys, 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 per- mitted 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 enforce- ment of any of the pprovisions of this ordinance may be subjected to such civil penalties as au- thorized by law. EFFECTIVE DATE This ordi- nance shall be in full force and effect from and after its pas- sage and publication as required by law and it is so ordained. Passed and approved this 25th day of March, 2019 /s/ Edward Lopez, Mayor Attest: Cathy Bourg, City Secretary cts or refuses to compry or who resists the enforce- of any of the provisions of srdinance may: be subjected xh dvil penalties as au- EFFECTIVE DATE This ordi- nance shall be in full force and effect from and after Its pas- 25th THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Insertion(s) Published On: March 31, 2019 // W l~~ (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 1st day of April in the year of 2019 a Notary u is - ~"' - __ _ f~ ~' d ~ '~ ^ ~ Extra charge ror lost or duplicate affidavits. ~; Legal document please do not destroy! corporation who violates, cgso- beys, omits, neglects or refuses to compply with or who resists the enforcement of any of ttW provisions of .this ardktance shall be fined not mare Ctan Two Thousand Dotiars ($2,000.00) for each offense. Each day that a violation is pper- mitted to exist shall constitute a senarate.offense. In addition,