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HomeMy WebLinkAboutOrdinance 3512 ORDINANCE NO. 3512 ZONING CASE ZC 2018-02 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 2.199-ACRE TRACT OF PROPERTY LOCATED AT 8120 SAYERS LANE FROM R-1-S (SPECIAL SINGLE-FAMILY) 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 2.199 acres of land located at 8120 Sayers Lane (the "Property") has filed an application to rezone the Property from its present classification of R-1-S (Special Single- Family) 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 April 5, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 23, 2018, with respect to the zoning change described herein; and Ordinance No. 3512 ZC 2018-02 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 R-1-S (Special Single-Family) to R-2 (Single Family Residential) 2.199 acres of property described as Lot 8, Block 3, Woodbert Addition, commonly referred to as 8120 Sayers Lane, 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 of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall Ordinance No. 3512 ZC 2018-02 Page 2 of 4 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 14th day of May, 2018. CITY OF ■ •RT RICHLAND HILLS By:B �l / Y O'ar revino, Mayor l ' 1!J4 ii ATTEST: ` �` ,a^ v Alicia Richardson, City Stary h Ordinance No. 3512 ZC 2018-02 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Males is B. McGinnis, City Attorney APPROVED AS TO CONTENT: 454 ,746r- Clayto..''omstock, Pla ning Manager Ordinance No. 3512 ZC 2018-02 Page 4 of 4 Exhibit A— Legal Description—Ordinance No. 3512—Page 1 of 1 BEING a tract of land situated in the William D. Barnes Survey Abstract No. 146 being all of Lot 8, Block 3,Woodbert Addition,an addition to the City of North Richland Hills, as described by the plat recorded in Cabinet B, Slide 3488, Plat Records,Tarrant County,Texas. 9 4 e3 i :21; .....1 1 1 k,,,,,,rH,,,,,, — ::,....__ .,.....r.,......r...___i.ta,.._„....„.__ i-:_7_ _ ,,:li2 g<:: 1 I .___7j_±)__,2_. „ _.7;1-# 1 --,:i.,____gi c ' ,,,,,:-.3 .,\:, CC IX a.'lc' tnoommz I .`=.;'T. 4.-';',.. ‘,'',;D. ;:: U.1 Star-Telegram MEDIA Aritilr;£On Citizen-Journal;The Citizen l La Es::':t;s Mansfield Nev,fs-fvlirror b'ta;-Teleclriuu Northeast 1 Nsattteiford Star-Teli,,;ir,.:rx 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 Amount Cols Depth 600579 0003668075 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO 3512 $85.68 1 51.00 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 Worth, in Tarrant County,Texas; and CITY OF NORTH RICHLAND HILLS who, after being duly sworn,did ORDINANCE NO.3512 depose and say that the attached AN NORTH ORDINANCE RICHLAND E CIHILLDS, clipping of an advertisement was TEXAS AMENDING THE ZON- ING ORDINANCE OF THE CITY published in the above named paper OF NORTH RICHLAND HILLS, on the listed dates:OF THE CITY T OF ZONING NORTH RI HLAND HILLS,TEXAS BY REZONING A 2.199-ACRE OF ERTY LOCATED AAT 8120PSAY- ERS LANE FROM R-1-S (SPE- CIAL SINGLE-FAMILY) TO R-2 2 Insertion(s) (SINGLE-FAMILY RESIDEN- TIAL); PROVIDING THAT THIS Published On: ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING FOR May 17,2018, May 18,2018 SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVIDING I 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 Dollars ($2,000.00). Each Thousand day i any such violation shall be al- lowed to continue shall consti- tute a separate violation and hereunder. AND IT IS SO ORDAINED. PASSED on this 14th day of May, 2018. (Principal Clerk) CITY OF NORTH RICHLAND HILLS By: /s/Oscar Trevino SUBSCRIBED AND SWORN TO Oscar Trevino,Mayor ATTEST: BEFORE ME,THIS 25th day of /s/Alicia Richardson May in the year of 2018 Alicia Richardson,City Secretary y e y APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,Attorney ' - \_ AD 4 - Notary Public-Deborah Bay or ri "\i'"/ DEBORAH JEAN BAYLOR ,'j 1pPY.PU6;•. _°: . ;:Notary Public, State of Texas �•.1 \l r Comm. Expires 10-29-2019 f: °F \\‘ Notary ID 13042344-2 i IIl��\ _2 ate.