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Home My WebLink AboutOrdinance 3499 ORDINANCE NO. 3499 ZONING CASE ZC 2017-10 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 0.403- ACRE TRACT OF PROPERTY LOCATED AT 7809 ODELL STREET FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; 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 City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.403 acres of land located at 7809 Odell Street (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) 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 February 1, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 12, 2018, with respect to the zoning change described herein; and Ordinance No. 3499 ZC 2017-10 Page 1 of 4 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 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 (Agricultural) to R-2 (Single Family Residential) 0.403 acres of property described as Lots 3 and 4, Block 1, Mollie B. Collins Addition, commonly referred to as 7809 Odell Street, as described 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 (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 Ordinance No. 3499 ZC 2017-10 Page 2 of 4 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 following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 12th day of February, 2018. CITY OF ► ORTH CHLAND HILLS ( f By: A/0/ _ Osca T evinb;Mayor OH winiob;,„e ATTEST: ��,�� el\Q%�i(,cl au loormilillio,,� °`° '.. tAZZLISA.L....) n Alicia Richardson, Cit Secretary Ordinance No. 3499 y ZC 2017-10 Page 3 of 4 "1'i/nrrn rillin ��`\\ APPROVED AS TO FORM AND LEGALITY: OP Maleshia B. McGinnis, ity Attorney APPROVED AS TO CONTENT: /■ Clayton stock, Planning Manager Ordinance No. 3499 ZC 2017-10 Page 4 of 4 Exhibit A—Legal Description—Ordinance No. 3499—Page 1 of 1 BEING a tract of land out of the J. McComas Survey, Abstract No. 1040 and situated in the City of North Richland Hills, Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas, in July 2017, said tract being all of Lot 3 and Lot 4, Block 1, Mollie B. Collins Addition, an addition to the City of Smithfield (now North Richland Hills), Texas according to the plat thereof recorded in Volume 388-X, Page 57, in the Plat Records of Tarrant County, Texas, also being the same tract of land described in the deed to Gail Shah and Shamshad Shah recorded as Instrument No. D205295090 of the Official Public Records of said County and being more particularly described as follows: Beginning at a 3/8-inch steel rod found for the southwest corner of said Lot 3, said rod being in the northerly right-of-way line of Odell Street; Thence North 03 degrees 58 minutes 49 seconds East with the westerly boundary line of said Lot 3 a distance of 151.82 feet to a %-inch "MILLER 5665" capped steel rod set for the northwest corner thereof; Thence EAST with the northerly boundary of said Block 1 a distance of 116.00 feet to a 3/8-inch steel rod found for the northeast corner of said Lot 4; Thence South 03 degrees 58 minutes 49 seconds West with the easterly boundary line of said Lot 4 a distance of 151.82 feet to al/2-inch "MILLER 5665" capped steel rod set for the southeast corner thereof, said rod being in said northerly right-of-way line; Thence WEST with the southerly boundary line of said Block 1 and with said northerly right-of- way line a distance of 116.00 feet to the point of beginning and containing 0.4033 acres of land, more or less. Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO I Amount Cols Depth 600579 0003528079 CITY OF NORTH RICHLAND HILLS ORDINANC $84.00 1 50.00 Li Attention: THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc. at Fort CITY OF NORTH RICHLAND HILLS Worth, in Tarrant County,Texas;and ORDINANCE NO.3499 AN ORDINANCE OF THE CITY OF who, after being duly sworn, did NORTH RICHLAND HILLS, depose and say that the attached TEXAS AMENDING THE ZON- ING ORDINANCE OF THE CITY clipping of an advertisement was OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE published in the above named paper CITY OF NORTH RICHLAND HILLS,TEXAS BY REZONING A on the listed dates: 0.403-ACRE TRACT OF PROP- ERTY STREETO LOCATED FROM 7(AGRIDCUL- TURAL) TO R-2 (SINGLE- FAMILY RESIDENTIAL;PROVID- ING THAT THIS ORDINANCE 2 Insertion(s) SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING Published On: A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR February 15,2018,February 16, PUBLICATION;AND PROVIDING 2018 AN EFFECTIVE DATE. Any person,firm or corporation vi- olating any provision of the Zon- ing Ordinance and the zoning map of the City of North Rich- land Hills as amended hereby shall be deemed guilty of a mis- demeanor and upon final convic- tion thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be al- lowed to continue shall consti- tute a separate violation and AND IT IS ORDAINED. PASSED on this 12th day of Febru- ary,2018. CITY OF NORTH RICHLAND HILLS By:_ /s/Oscar Trevino scar Trevino,Mayor (Principal Clerk) ATTEST: /s/Alicia Richardson Alicia Richardson,City Secretary SUBSCRIBED AND SWORN TO APPROVED AS TO FORM AND LE- BEFORE ME,THIS 19th day of GAL ITY: MaleshiaSB.McGinnis,i At oo ey February in the year of 2018 Notary Public �$osP'"�•P6�<� LESLIE BUCKLEY %yr ?: Comm.ry Public, State of Texas Ex �`�ru;rit�`•� � r Pires 09-24-2021 Notary ID 128058260