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HomeMy WebLinkAboutOrdinance 3451ORDINANCE NO. 3451 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118 -472 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO TOWNHOMES IN TRACTS 3A AND 3B OF THE TOWN CENTER ZONING DISTRICT; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, on February 13, 2017, the City Council approved Ordinance No. 3446, which authorized a special use permit for twenty -two single - family cottage lots less than 40 feet wide in the Home Town Canal District; and, WHEREAS, as part of the special use permit approval, Arcadia, the developer of Home Town Canal District, agreed to reduce the maximum number of townhomes allowed on Tracts 3A and 313 from 94 units to 73 units; and, WHEREAS, the Planning and Zoning Commission, after conducting a public hearing, has made its recommendation for the following amendment to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by modifying Section 118 -472 Town Center Density Restrictions of Chapter 118 of the North Richland Hills Code of Ordinances to read in part as `ollows: Ordinance No. 3451 Page 1 of 3 Tract 3a & 3b — (25 acres) Maximum of 73 townhomes allowed, no apartment units allowed, single family detached required fronting the Lakes, no limit on single family detached homes. Section 2: 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of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed.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 3: 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 4: Any person, firm or corporation violating any provision of the Comprehensive 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 5: 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 6: 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 7: This ordinance shall be in full force and effect immediately after publication as required by Section 6 hereof. Ordinance No. 3451 Page 2 of 3 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 6th day of March, 2017. CITY OF NORTHAICHLAND HILLS ATTEST: Alicia Richardson, RICH'''���- Approved as to form and legality: Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3451 Page 3 of 3 Oscar Trevino, Mayor CITY OF North Richland Hills Ordinance No. 3451 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118 -472 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO TOWNHOMES IN TRACTS 3A AND 3B OF THE TOWN CENTER ZONING DISTRICT; ES- TABLISHING A PENALTY; PRO- VIDING_ FOR,SEVERABILITY AND PROVIDING FOR PUBLICATION. 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 con- stitute a separate violation and punishable hereunder. Passed and Approved on this 6th day of March 2017. /s /Tim Welch Tim Welch - Mayor Pro Tern 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 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: CIT 13 339356811 3/10/2017 Net due in 21 days 3/26/2017 33935681 Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates: 3/9/2017 3/10/2017 Description Location Col Depth Linage MU Rate Amount City of North Richland Hills County of Tarrant I3580 1 39 39 LINE $0.80 $62.40 Net Amount: $62.40 Before me, a Notary Public in and for said County andState, this clay personal! appeared Leticia Arriaga, Bids &Lega(Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at ,fort Wort& in Tarrant County, Texas : and who after being duly sworn, d d depose andsay that the attached clipping of advertisement was published in the above named paper on the fisted dates. BIDS & LEGALS DEPT Star - Telegram. (,SUBSCRIBED AND SWORNTO BEFORE M�" ` J11S DAY OF March ffil 2017 Sgned kb��r CtiRl P 0 NOEgRYPUBLIC v Thank You For Your Payment ---------------------------------------- -- - - -- Remit To: Star- Telegram P.O. BOX 901051 FORT WORTH, TX 76101 -2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT 13 CITY OF NORTH RICHLAN 339356811 $62.40