HomeMy WebLinkAboutOrdinance 3401 ORDINANCE NO. 3401
SUP 2016-01
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT TO
AUTHORIZE CONSTRUCTION OF A SECONDARY LIVING UNIT IN
ACCORDANCE WITH MODIFIED STANDARDS TO BE LOCATED AT
7005 SMITHFIELD ROAD; 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 Zoning Ordinance of the City of North Richland Hills requires the
issuance of a Special Use Permit for the construction of a secondary living
unit that deviates from the standards outlined in the Zoning Ordinance;
and
WHEREAS, the owner of the property located at 7005 Smithfield Road has filed an
application for a Special Use Permit to allow certain deviations from the
required standards for a secondary living unit on said property; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on March 17, 2016, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on April 11,
2016 with respect to the Special Use Permit 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 the approval of a Special Use Permit on the property;
and
Ordinance 3401
Page 1 of 4
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
Hills and that the Special Use Permit 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 approving a special use permit to authorize a secondary
living unit to be constructed in accordance with modified standards as
provided herein on a 1.962 acre tract of land within the William Cox
Survey, Abstract No. 321, North Richland Hills, Tarrant County, Texas,
commonly referred to as 7005 Smithfield Road and more specifically
described by metes and bounds on Exhibit "A," attached hereto and
incorporated for all purposes.
Section 2: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approve the Special Use Permit in accordance with the requirements
hereof, subject to the following conditions:
1. Permitted use. One secondary living unit is permitted in the building for
use by domestic persons and their family or a relative of the occupants
of the primary living unit. The unit must not be rented or leased.
2. Connection to primary residence. A breezeway connection to the
primary residence is not required.
3. Building improvements. The following design criteria shall apply to the
building.
a. The floor plan and exterior appearance of the building must comply
with the plans as shown in Exhibit "B," attached hereto and
incorporated for all purposes.
b. The building must not have a separate utility meter.
c. The building must have a single entrance. The second floor must
be accessed from within the secondary living unit.
4. Maximum floor area. The secondary living unit must not exceed 1,195
square feet in floor area.
Ordinance 3401
Page 2 of 4
Section 3: That the official 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 special use permit, as set forth above.
Section 4: 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 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
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.
Ordinance 3401
Page 3 of 4
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 11th day of April, 2016.
CITY OF NO H RI* LAND HILLS
By:
J / L
Y
\1ysr�, '�t �,,,,, O car Trevino, Mayor
ATTEST: .���'' � ". .c•
Alicia Richardson, CI ,'t;-crotar, W`
42°ririliHtO\ VAA\
APPROVED AS TO FORM AND LEGALITY:
tA
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
I,
`sue/
Clayton Comstock, Planning Manager
Ordinance 3401
Page 4 of 4
Ordinance No. 3401
Exhibit A
- _ •••- • • .• .
•- PATE KM:11,4,U 0:61,D1 AN , C ATM.
• Y-1 1 r. T R A N T t • . .
ION a 100 400:tract of land in the Williattl Cox Survey Abst. 321Tarrant COttnty,
104$4, beingthe:.tra4t conveyed to Beasley, recorded in Volume 7733, Page
41611, Deed Records Tarrant Conn*, Texas, and being described by metes•and....bOUZU as'5
OWN ING at a 1/2 inch iron rod in the.west right of way of Smithfield Road, being the
southeast:eogter.of this tract and also being the northeast corner of Lot 1, Block t, •
Thompson Addition to the City of North Richland Hills, recorded in Cabinet A, Slide
5001,Tarrant County Plat Records;
THENCE North 89.degrees 42 minutes 27 seconds West along the said north line of the
Thompson Addition,passing an iron rod at 403.98 feet being.the north west e0trier of said
Thompson Addition total 621.58 feet to a 1/2 inch rod set for the southwest corner of this
tract;
•
•
MN-CB North 00 degrees 03 minutes 27 seconds West 157.70; feet to a 1/2 inch iron rod
1.'040 for the northwest corner of this tact; •
0:40-01-4 ts 41 taiutoo•24 seconds East 493.14 fed to a 1/2 inch iron rod •
found foveigO$T.-:ortherly ortb east comer of this tract;
:•
. •
tatkItOWOtith:90::ittOtiS-43,:ajii4t4••:,244frieonds Bast 9t 81 feet to4.4124n4irOlrod. •
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IHIENCE SOrth 89 degrees 32 minutes 36 beconds Eat 133 72 fotto a 1/2 mcli iron rod
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, . . • . • . . . •. .
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goila.mb**00;170tot*Ogi**100-0014:to.04f0:41**04:40*4.170:0449AtecOt..,::
this tract,
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'Allipicgti.4.04.gt*twooi.-44::4,totol+.40004-at east along said west right of ay of
Smithfield Road 57 37 feet to the placo of begiwung and contamnig 1 962 acres of land
Ordinance No. 3401
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Ordinance No. 3401
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NORTH RICHLAND HILLS
City of North Richland Hills*4301 City Point Drive*North Richland Hills,Texas 76180*(817)427-6042*mincginnis anrhtx.com
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Alicia Richardson, City Secretary p��
FROM: Maleshia B. McGinnis, City Attorney t� �'`'\
SUBJECT: Ordinance No. 3401, authorizing a Special Use Permit for the construction of
a secondary living unit to be located at 7005 Smithfield Road
DATE: September 7, 2017
The above referenced ordinance was approved by the North Richland Hills City Council during
its April 11, 2016 regular meeting. This ordinance was never fully executed, and has therefore
not been filed or recorded by your office.
I was not involved in the drafting and/or review of this ordinance. However, after researching the
matter, it has been determined from City records that the ordinance was reviewed and received
approval from then City Attorney, Cara White on April 6, 2016. Per the meeting minutes, Ms.
White was also present during the City Council meeting on April 11, 2016 and offered no
objection to approval of the ordinance. Therefore, I have concluded that the ordinance received
the appropriate level of legal scrutiny.
I have executed the ordinance "Approved to Form and Legality" based on the foregoing.
Please file this memorandum with Ordinance No. 3401.
Page 1 of 1
CITY OF North Richland Hills
Ordinance No. 3401
An Ordinance of the City of North
Richland Hills, Texas, amending the
Zoning Ordinance of the City of
North Richland Hills by approving
a Special Use Permit to authorize
construction of a secondary living
unit in accordance with modified
standards to be located at 7005
Smithfield Road; providing that this
ordinance shall be cumulative of all
ordinances; providing a severability
clause; providing a penalty for
violations hereof; providing a sav-
ings clause; providing for publica-
tion; and providing an effective date
Any person, firm or corporation
violating any provision of the
Zoning Ordinance and the Zoning
9
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 11th
day of April, 2016.
/s /Oscar Trevino
Oscar Trevino - Mayor
ATTEST:
/s /Alicia Richardson
Alicia Richardson - City Secretary
APPROVED AS TO FORM AND
LEGALITY:
/s /Cara Leahy White
Cara Leahy White - Assistant City
Attorney
INVOICE
Star - Telegram Customer ID: CIT 13
808 Throckmorton St. Invoice Number: 337507751
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/15/2016
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 4/30/2016
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number: 33750775
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: City of North Richlan
Attn: STACEY HARRISON Publication Dates: 4/14/2016 - 4/15/2016
I Description Location Col Depth Linage MU Rate Amount I
City of North Richland Hills I3580 1 42 42 LINE $0.80 $67.20
Net Amount: $67.20
*aY P;;7„ DEBORAH JEAN BAYLOR
-'_ ' �z Notary Public, State of Texas
=a: My Commission Expires
oa" October 29, 2019
County of Tarrant moo
Before me, a Notary Public in and for said County and State, this day personally 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 duly sworn,
did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates:
BIDS d'LEGALS DEPT Star - Telegram. 0 SUBSCRIBED AND SWORNTO BEFORE AdE,
TXIS DAY OF April 1 6 I 2016
S .. t t . . .. ,.W
•i , ■
1111
NOTARY 9�(OTA2�'P`LIBLIC '
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: 337507751
Invoice Amount: $67.20
PO Number:
Amount Enclosed: $