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HomeMy Public PortalAboutOrdinance No. 1388-19 04-22-2019 DENIEDORDINANCE NO. 1388-19 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY GRANTING A SPECIFIC USE PERMIT PERMITTING FOOD PROCESSING ON CERTAIN PROPERTY LOCATED AT 7204 BURNS ST., RICHLAND HILLS, TEXAS; 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 end 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 }~nt-poses, and providing for a method to amend said ordinance and map for the purpose of pr<~muting the public health, safety, morals and general welfare, all in accordance t~~ith a cony}~rchen~i~e }clan; and WHEREAS, in accordance with the C'omprehe~i~ive Zoning Ordinance, the owner of the property referenced below has filed ai application for a Specific Use Permit for Outdoor Storage in the "Business Park" (BP) Zoning Districts and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on April 15, 2018, and by the City Council of the City on Apri122, 2019 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 grant such permit on the terms and conditions 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 a specific use permit is granted as shown and described below: Applicant: Jamie Zitnik/TexPac Protein Products Property Address: 7204 Burns Street, Richland Hills, Texas Legal Description: LOTS 48, 49, AND 50, RICHLAND INDUSTRIAL PARK, AN ADDITION TO THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE RECORDED PLAT IN VOLUME 388-2, PAGE 119, PLAT RECORDS, TARRANT COUNTY, TEXAS. Zoning Change: The property shall. remain located i~, the "Business Park" (BP) Zoning District, and a Specific Use Permit permitting Food Processing is hereby granted subject to the terms and conditions provided I~ercin. Sh:C'1'1ON 2 ACCORDANCE WITH C'Ol~7PRrHENtiIV1~; PL:1'.V AND PURPOSES OF ZONING The zoning districts, bt~un~larie~ an_d uses as herein established herein have been made in accordance with the comprehensi~c plan (~or the purpose of promoting the health, safety, morals and general welfare of the com~nunit~~. They have been designed to lessen congestion in the streets, to secure safety from fire, panit•, Il~~~d and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avt~i~l 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 tYiings 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 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 site plan and conditions attached as Exhibit A, which is incorporated herein by reference. SECTION 4 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 5 PENALTY Any person, firm or corporation who violates, disobey >, omits, neglects or refuses to comply with or who resists the enforcement of any of the pro~~i~i~~ns of this ordinance shall be fined not more than Two Thousand Dollars ($2,00~).11~~ For each offense. Each day that a violation is permitted to exist shall constitute a separate ~~ffen~c. In addition,an~ person, firm or corporation who violates, disobeys, omits, neglects ur refu~e~ to comply with ~r who resists the enforcement of any of the provisions of this ordinance Tay be subjected to such civil penalties as authorized by law. SEC°['I(lN 6 RESERVATION OF RIGHTS AND REnIL;DIES FOIL .ACCRUED VIOLATIONS All rights or remedies ~~f the City arc c.~pressly saved as to any and all violations of Chapter 90, as amended, or any <~~her ~~rclinance affecting zoning and land use that have accrued at the time of the effective~~#ate ~~f this Ordinance ana 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 C'oui~ts. SECTION 7 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 S 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 9 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 22"d DAY OF APRIL, 2019 THE HONORABLE EDWARD LOPEZ, MAYOR ATTEST: CATHY BOURG, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: BETSY ELAM, CITY ATTORNEY EXHIBIT A Conditions of Specific Use Permit: The use must conform to the City's odorous mater performance standards in Chapter 90, Section 4.04.03 (C). Parking is adequate for the anticipated 20 car capacity at peak operations. All parking meets the City's parking standards.