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Home My WebLink AboutOrdinance 3436 ORDINANCE NO. 3436 ZONING CASE ZC 2016-12 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 2.807 ACRE TRACT OF PROPERTY LOCATED AT 6418 MARTIN DRIVE AND 8600 MARTIN DRIVE FROM AG (AGRICULTURE), I-1 (LIGHT INDUSTRIAL) AND R-2 (SINGLE FAMILY RESIDENTIAL) TO R-1 (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 2.807 acres of land more fully described and shown on Exhibit "A" attached hereto, located at 6418 Martin Drive and 8600 Martin Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agriculture), I-1 (Light Industrial), and R-2 (Single Family Residential) to R-1 (Single Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 20, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 14, 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 Ordinance No. 3436 Page 1 of 3 zoning as set forth in the Zoning Ordinance of the City of North Richland 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 CITY OF 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), I-1 (Light Industrial), and R-2 (Single Family Residential) to R-1 (Single Family Residential) a 2.807 acre tract known as Tracts 12A9 and 12A9A of the T.K. Martin Survey, Abstract No. 1055, North Richland Hills, Tarrant County, Texas, commonly referred to as 6418 Martin Drive and 8600 Martin Drive, 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-1 (Single Family 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. Ordinance No. 3436 Page 2 of 3 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 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 following publication as required by Section 9 hereof. PASSED AND APPROVED on the 14th day of November, 2016. CITY OF TH ` HLAND HILLS /011117 , By: Oscar Trevino, Mayor ATTEST: o°`�`Z• ' .... O . f °;�- Uri = Alicia Richardson, City S" Lary .•.' . .4, . d Approved as to form and leakhvt�ytl""'`� ur\I\6eifiAkA-(e ) Maleshia'Farmer, City Attorney Approved as to content: X'1•7- Clayto omstock, Planning Manager Ordinance No. 3436 Page 3 of 3 IN— CU a) N co CU O L > Q I O . cc O M N •L O V (I) 1 in v -o a5 c n3 c 2 W Z }, ° � � � � occ 00 3 Lozoo 20z z nj .� moo /r I L o N I— co wil I et O. I ft I ei 1 1 I 1 r et 1 ; 1 . 1 Fir .P. 1 rii I C In I _ 0/ I 1 1 CL j t-- - -- I I i I I 1 t 1 1 1 I L7 ft < 1 .. ii I 40 a 440 I Oft uni aim 04*aft ow am I Oft awl on am aft 4109 aft eft am eft eau is j WI I i r r . r IA r et CITY OF North Richland Hills Ordinance No. 3436 ZC 2016 -12 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 2.807 ACRE TRACT OF PROPERTY LOCATED AT 6418 MARTIN DRIVE AND 8600 MARTIN DRIVE FROM AG (AGRICULTURE), 1 -1 (LIGHT INDUSTRIAL) AND R -2 (SINGLE FAMILY RESIDENTIAL) TO R -1 (SINGLE FAMILY RESIDEN- TIAL) ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE 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 1 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 14th day of November 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Maleshia B. Farmer Maleshia B. Farmer, City Attorney INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 338957491 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 11/25/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 11/30/2016 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 33895749 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates:11 /24/2016 - 11/25/201 Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills I3580 1 52 52 LINE $0.80 $83.20 Net Amount: $83.20 County of Tarrant Before me, a Notary Pubic in and forsaidCounty antf5tate, this day personat!y appeared - Christy Harland, Bids rY 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 fisted dates: BIDS d' LE -CS DEPT. Star - Telegram. 0 SUBSCRIBED AND SWOR[TO BEFORE ME, THIS DAY O F Nov. ag Si 1 1 M I6 , -' , _,,,,, 1 . DEBORAH JEAN BAYLOR °r a i Notary Public, State of Texas My Commission Expires 4 , ' , h h , f �itat' ..:.4 ;, October 29 2019 6sk\C).-\\\-b NOT NOTARY Thank You For Your Payment Remit To: Star - Telegram Customer ID: C1T13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 338957491 Invoice Amount: $83.20 PO Number: Amount Enclosed: