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Home My Public Portal AboutOrdinance No. 1463-22 11-14-2022 ORDINANCE NO. 1463-22 AN ORDINANCE AMENDING CHAPTER 90 OF THE RICHLAND HILLS CODE, AS AMENDED, THE.COMPREHENSIVE ZONING- ORDINANCE OF THE CITY OF RICHLAND HILLS, BY GRANTING A SPECIFIC USE PERMIT PERMITTING A FARMER'S MARKET ON CERTAIN PROPERTY LOCATED AT 7206 LATHAM DRIVE, 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 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, codified as Chapter 90 of the Richland Hills 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 owner of the property referenced below has filed an application for a specific use permit for a Farmer's Market use in the "Light Commercial" (LC) Zoning District; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on October 25, 2022, and by the City Council of the City on November 14, 2022 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, THAT: SECTION 1. SPECIAL USE PERMIT GRANTED Chapter 90, "Zoning," of the Richland Hills Code, as amended, is hereby amended so that a specific use permit is granted as shown and described below: Applicant: Luther Daniel Boykin, Jr. Property Address: 7206 Latham Drive, Richland Hills, Texas 76118 Legal Description: BEING a tract of land described as Abstract 1241 Tract 2J, Popplewell, S Survey, in the City of Richland Hills, Tarrant County, Texas. Zoning Change: The property shall remain located in the "Light Commercial" (LC) Zoning District, and a Farmer's Market Specific Use Permit permitting the use of a farmer's market, subject to the conditions outlined on Exhibit A, is hereby granted subject to the terms and conditions provided herein. SECTION 2. ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The zoning districts, boundaries, and uses as herein established 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; and 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. 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. Ordinance No. 1463-22, Page 2 of 6 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 CLAUSE 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 6. 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 of the Richland Hills Code, 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 7. SEVERABILITY CLAUSE 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. Ordinance No. 1463-22, Page 3 of 6 SECTION 8. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish in the official newspaper of the City the caption and penalty 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. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on November 14, 2022, by a vote of ayes, nays, and abstentions. APPROVED: ` ,o THE HONORABLE MAYOR E6 ARD LOPEZ ,.\`\\, ND 1//,,, Q' 4 ��; ATTEST: , 7: 11...•. 94 011ki ;:f. z.: 4'C'14- _1 VL- **.411- • r! --, : ,-.- LINDSAY WE CI SECRETARY) '••••• 1/4/0/111111 111110 Ordinance No. 1463-22, Page 4 of 5 EXHIBIT A 1) Two portable restrooms are permitted to stay on site for a period of one (1) year from the effective date of this SUP ordinance, on the condition that screening is provided when the farmer's market is not in operation. Following the one (1) year term, portable restrooms are prohibited one site. 2) No more than three (3) food trucks shall be permitted to operate on site at any one time. One main food truck, as depicted on the site plan attached hereto as Exhibit B, that is to be permanently located on site shall be allowed to be connected to City utilities (water, sewer, and electric). No other food trucks shall be allowed to be connected City utilities. 3) Within one (1) year from the effective date of this SUP ordinance, the North Storage building, as depicted on the site plan attached hereto as Exhibit B, shall be converted to restrooms. 4) The dumpster on site shall be screened per City ordinances. Ordinance No. 1463-22, Page 5 of 6 EXHIBIT B Hancll@wrsd&cook Edo N. I ...7 Eir jr 00 / \ 1 •E • r r r /..,, ..-, I II / O h 7" it • r t RI / - • = $ \ i g / / \ / p _ _ / O ...- „.... 7- ,....., / \ g i LI_ Ordinance No. 1463-22, Page 6 of 6 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 19462 349161 Print Legal Ad-IPL00988770 - IPL0098877 $88.60 1 54 L Lindsay WellsAttention: CITY OF RICHLAND HILLS 3200 DIANA DR FORT WORTH, TX 761186237 THE STATE OF TEXAS COUNTY OF TARRANT No. of Insertions:1 Beginning Issue of:11/18/2022 Ending Issue of:11/18/2022 Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, 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: Sworn to and subscribed before me this 18th day of November in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!