HomeMy WebLinkAboutOrdinance 3407 ORDINANCE NO. 3407
ZONING CASE ZC 2016-05
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY REZONING A 2.66 ACRE TRACT OF
PROPERTY LOCATED AT 8500 CLAY HIBBINS ROAD FROM
AG(AGRICULTURE) TO R-2(SINGLE FAMILY RESIDENTIAL) ZONING;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas 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, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the
establishment of zoning districts of such number, shape, and area as may
be best suited to carry out these regulations; and
WHEREAS, the owner of the property containing approximately 2.66 acres of land
shown on Exhibit "A" attached hereto, located at 8500 Clay Hibbins Road
(the "Property") has filed an application to rezone the Property from its
present classification of AG (agriculture) to R-2 (single family residential);
and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on April 21, 2016, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on May 9, 2016
with respect to the zoning change described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland
Hills, and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of
zoning as set forth in the Zoning Ordinance of the City of North Richland
Ordinance No. 3407
Page 1 of 3
Hills and that the zoning change should be granted, subject to the
conditions imposed herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF
NORTH RICHLAND HILLS, TEXAS:
Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning from AG (agriculture) to R-2(single family
residential) a 2.66 acre tract known as Lot 2, Block 1, Barrett-Andrews
Addition, North Richland Hills, Tarrant County, Texas, commonly referred
to as 8500 Clay Hibbins Road, as shown on Exhibit "A," attached hereto
and incorporated for all purposes.
Section 2: That the official zoning map of the City of North Richland Hills is amended
and the Planning Manager is directed to revise the official zoning map to
reflect the approved R-2 (residential) zoning, as set forth above.
Section 3: The use of the property described above shall be subject to all applicable
regulations contained in the Building and Land Use Regulations and all
other applicable and pertinent ordinances of the City of North Richland
Hills.
Section 4: The zoning district as herein established has been made in accordance
with a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
Section 6: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
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 sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
Section 7: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
Ordinance No. 3407
Page 2 of 3
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 8: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning 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, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 9: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 10: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 9th day of May, 2016.
CITY • 'ORTH R" HLAND HILLS
By:
Y
o�``''1011I %q'''��� Oscar Trevino, Mayor
ATTEST: '
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Alicia Richardson, City . ■
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PPPROVED AS TO FORM AND LEGALITY:
Cara Leahy W te,'Assistant 7y Attorney
APPROVE I A S TO CONTENT:
Clayt.n Comstock, Planning Manager
Ordinance No. 3407
Page 3 of 3
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INVOICE
Star - Telegram Customer ID: CIT 13
808 Throckmorton St. Invoice Number: 337785811
FORT WORTH, TX 76102
(817) 390-7761 Invoice Date: 5/13/2016
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 5/31/2016
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE Order Number: 33778581
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: City of North Richlan
Attn: STACEY HARRISON Publication Dates: 5/12/2016 5/13/2016
Description Location Col Depth Linage MU Rate Amount I
City of North Richland Hills I3580 1 45 45 LINE $0.80 $72.00
Misc Fee $5.00
Net Amount: $77.00
CRY p
`,w��� DEBORAH JEAN BAYLOR
°'" Notary Public, State of Texas
= My Commission Expires
'4'F O< $ ' October 29, 2019
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Christy Holland,, Bids et 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 advertisement was published in the above named paper on the listed dates:
BIDS ear LEGALS DEPT. Star - Telegram. (t SUBSCRIBED AND SWOY91(TO BEFORE ME,
THIS DAY OF May W' 2016
�I
Signed
NOTAIC'PUIBLIC `tom ��1►4 3._k
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 337785811
Invoice Amount: $77.00
PO Number:
Amount Enclosed: $ 1
CITY Richland
ORDINANCENO. ills
3407
An Ordinance of the City of North
Richland Hills, Texas amending the
Zoning Ordinance of the City of
North Richland Hills, and the Zoning
Map of the City of North Richland
Hills, Texas by rezoning a 2.66 acre
tract of property located at 8500
Clay Hibbins Road from
AG(Agriculture) to R- 2(Single
Family Residential) zoning; pro-
viding that this ordinance shall be
cumulative of all ordinances; pro-
viding a severability clause; pro-
viding a penalty for violations
hereof; providing a savings clause; !
providing for publication; and pro-
viding an effective date
Any person, firm or corporation
violating any provision of the
Comprehensive Zoning Ordinance
as amended hereby shall be deemed
guilty of a misdemeanor and upon
final conviction thereof fined in an
amount not to exceed Two Thou-
sand Dollars ($2,000.00). Each day
any such violation shall be allowed
to continue shall constitute a
separate violation and punishable
hereunder.
Passed and Approved on this 9th
day of May, 2016.
/s /Oscar Trevino
Oscar Trevino - Mayor
ATTEST:
/s /Alicia Richardson
Alicia Richardson - City Secretary
APPROVED AS TO FORM AND
LEGALITY:
/s /George Staples
Staples - City
P6 TO Attorney
CONTENT
/s /Clayton Comstock
Clayton Comstock; Planning Manager