The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1420-20 12-14-2020 ORDINANCE NO. 1420-20 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 TRUCK PARKS TO BE AN AUTHORIZED USE WITHIN SPECIFIED ZONING DISTRICTS BY WAY OF A SPECIFIC USE PERMIT,BY AMENDING ARTICLE 8 TO ADD A DEFINITION OF FOOD TRUCK PARK, AND AMENDING ARTICLE 3 TO REMOVE SUP REQUIREMENTS FOR MOBILE FOOD VENDORS; 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 December 9, 2020, and thereafter by the City Council on December 14, 2020, 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 Truck Parks as an authorized use by way of a Specific Use Permit(SUP)in the LC—Light Commercial, HC —Heavy Commercial,P—Professional Office,R—Retail,MX—Mixed Use and EDO-Entertainment District Overlay zoning districts by designating the SUP requirement within the Use Chart with the "(20)"to correspond to conditional development standards listed in 3.02.01(A)(20). SECTION 2 ZONING TEXT AMENDMENT THAT,Chapter 90,Article 3, Section 3.02.01 "Conditional Development Standards"is hereby amended to add subsection(A)(20)to read as follows: (20) Food Truck Park (a) Certificate of Occupancy Required. A Certificate of Occupancy is required for the operation of a Food Truck Park.A Certificate of Occupancy must be sought after the approval of a Specific Use Permit and corresponding commercial site plan. (b) Food Truck Parks shall only be permitted on private platted property. (c) Permanent restroom(s) located within a permitted building/structure must be provided on-site within the Food Truck Park for the use of the owners, operators, and customers of the Mobile Food Vendors and Food Truck Park. Such restroom(s) must remain open and available for use at all times during which the Food Truck Park is being operated. No portable or temporary restroom(s) shall be allowed. (d) Food Truck Parks are required to provide electricity access for the individual Mobile Food Vendors that operate at the site. Individual Mobile Food Vendors are not allowed to operate a generator at a Food Truck Park unless emergency circumstances necessitate the use of a generator. (e) There must be a designated manager of the Food Truck Park that is responsible for the orderly organization of the Mobile Food Vendors,the cleanliness of the site,and the site's compliance with all rules and regulations during the hours of operation. (f) Food Truck Parks must provide an area of sufficient size that is made with compacted gravel base, concrete, decomposed granite, or asphaltic surface materials on which the Mobile Food Vendors may park and operate. Mobile Food Vendors shall not be parked on an unimproved surface.Customer parking must be finished with concrete or asphaltic surface materials. Page 2 (g) Food Truck Parks shall only be allowed to engage in sales operations between the hours of 7:00 am and 12:00 am. (h) Garbage/Recycling. 1. Food Truck Parks shall provide containers of sufficient size and number for disposal of refuse and recyclables resulting from the operation and sales of the Food Truck Park. 2. Any refuse, recyclable, and/or litter on the ground at the Food Truck Park shall be immediately picked up and discarded appropriately by the Mobile Food Vendor or the Food Truck Park's designated manager. Refuse and/or recyclables must be removed from the Food Truck Park at least daily or more frequently as needed to remove excess refuse and/or recyclables for the property thereby avoiding the creation of unsanitary or unhealthy conditions or nuisances. 3. Grease,oils,vapors and other similar food preparation byproducts shall be kept in the Mobile Food Vendor at all times. Dumping, or the improper disposal, osal of food pr e aration byproducts on to the ground, pavement or other surface or into a storm water collection system or other system not designed for the specific use is strictly prohibited and may result in the immediate revocation of all permits and licenses of the Food Truck Park in addition to the performance of any necessary remediation and the issuance of citations and fines. 4. Sewage, liquid wastes and food preparation byproducts shall be removed from the Mobile Food Vendor at an approved waste servicing area in such a way that public health hazard or nuisances are not created. SECTION 3 ZONING TEXT AMENDMENT THAT, Chapter 90, Article 8, Section 8.01 "Defined Terms" is hereby amended to add the following term:"Food Truck Park.A property used or developed to accommodate two or more Mobile Food Vendors that offer food and/or beverages for sale to the public as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities." SECTION 4 ZONING TEXT AMENDMENT THAT, Chapter 90, Article 3, Section 3.02 "Use Chart" is hereby amended to allow Mobile Food Vendor as an authorized use in P—Professional Office,R—Retail, LC—Light Commercial, HC —Heavy Commercial, I—Industrial,BP—Business Park, MX—Mixed Use and EDO-Entertainment District Overlay zoning districts by changing the"(12)"indicator to"P"within the chart. Page 3 SECTION 5 ZONING TEXT AMENDMENT THAT,Chapter 90,Article 3, Section 3.02.01 "Conditional Development Standards"is hereby amended to have subsection 3.02.01(A)(12)to read as follows: "12) Reserved" SECTION 6 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 7 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 8 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 9 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 Page 4 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 10 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 11 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 12 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 14TH DAY OF DECEMBER,2020. Air THE HONORABLE MAYOR EDW t' II LOPEZ A FIEST: ...... , . ... ii` r`C•• ��` •' LATHY BOU ,CITY SECRET RY . `� :N APPROVED AS TO FORM AND LEGALITY: r, :co • BETSY ELAM, IT A ORNEY Page 5