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HomeMy WebLinkAboutOrdinance 3430ORDINANCE NO. 3430 ZONING CASE ZC 2016 -14 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 2.06 ACRE TRACT OF PROPERTY LOCATED AT 7512 BURSEY ROAD FROM R- 1(SINGLE FAMILY) TO R- 1- S(SPECIAL SINGLE FAMILY) 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 2.06 acres of shown on Exhibit "A" attached hereto, located at 7512 Bursey Road (the "Property ") has filed an application to rezone the Property from its present classification of R- 1(single family) to R -1 -S (special single family residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 1, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 26, 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. 3430 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 R- 1(single family) to R- 1- S(special single family residential) a 2.06 acre tract described as Lots 6 and 6R, Block 1, Oakvale Addition, North Richland Hills, Tarrant County, Texas locally known as 7512 Bursey Road, and shown on Exhibit "A" attached hereto and incorporated for all purposes. Section 2: Section 3: 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. 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. 3430 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 26th day of September, 2016. ATTEST: Ikk CITY OF By: HILLS Os ar ' revino, Ma o f %I Alicia Richardson, City Secrefr•.• y�` /9...11; u1``*�` APPROVED AS TO FORM AND LEG'1 L1TY: Soli/ � Cara Leahy White, Assistant City A torney APPROVED AS TO CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3430 Page 3 of 3 OWNER Adiene Jones 7801 Forest Hills Ct NRH TX 76182 817.821.0714 817.281.7588 ZONING EXHIBIT Lot 6, Block 1, Oa kva le Addition 2.06 acres 14 CI fY OF North Richland Hills ORDINANCE NO. 3430 ZC 2016 -14 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDI- NANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZON- ING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY RE- ZONING A 2.06 ACRE TRACT OF PROPERTY LOCATED AT 7512 BURSEY ROAD FROM R- 1(SINGLE ' FAMILY) TO R 1 S(SPECIAL SIN- GLE FAMILY) ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION; AND PROVIDING AN EF- FECTIVE DATE Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills and the zoning map of the City of North Richland Hills as amended hereby 'shall be deemed guilty of a misdemeanor and upon final 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 con- stitute a separate violation and punishable hereunder. Passed and Approved on this 26th day of September 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Cara L. White Cara L. White - Assistant City Attorney INVOICE Star - Telegram Customer ID: C1T13 808 Throckmorton St. Invoice Number: 338647231 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 9/30/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 9/30/2016 Bill To: • PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 33864723 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 047 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates: 9/29/2016 - 9/30/2016 Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills 13580 1 50 50 LINE $8.21 $821.00 Sales Discount ($747.00) Misc Fee $10.00 Net Amount: $84.00 ..„ -- DEBORAH JEAN BAYLOR _� •`= Notory Public, State of Texos �Y My Commission Expires ' F 'Z0' October 29, 2019 County of Tarrant Before me, a Notary Public in ancf for said County and State, this clay personal% appeared Christy Holland, Bids. & Legal Coordinator for the Star - Telegram published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and who after being duty sworn, dud depose and say that the attached clipping of advertisement was pub fished in the above named paper on the listed dates: BIDS & LEGA LS DEPT Star - Telegram. 0 SUBSCRIBED AND SWO7(9TO BEFORE MME, THIS DA.yoFATT. 6 —.��C.) - �1(OT�'P'l1BLIC ��yK ���', t� , 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: 338647231 Invoice Amount: $84.00 PO Number: Amount Enclosed: $