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Home My WebLink AboutOrdinance 3586 ORDINANCE NO. 3586 ZONING CASE ZC 2019-04 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 0.313-ACRE TRACT OF LAND LOCATED AT 8400 FRANKLIN COURT 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 p p p Plan; and WHEREAS, the owner of the property containing approximately 0.313 acres of land located at 8400 Franklin Court (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 May 2, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 20, 2019, with respect to the zoning change described herein; and Ordinance No. 3586 ZC 2019-04 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) 0.313 acres of property described as Lot 10, Thomas Peck Subdivision, commonly referred to as 8400 Franklin Court, as described and 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 Director 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. 3586 ZC 2019-04 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 this 20th day of May, 2019. CITY OF NORTH RIC AND HILLS By: Oscar T ino, ayor ATTEST: 0NNu'C i,,,, °:s Traci Henderson, Assistant City Se ferry r :� ..... S..•`�`,`````�� Ordinance No. 3586 4y9/1fNfl1NNN11� ZC 2019-04 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: 0\-45(1A-C>6V\A—.- Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: 9- 1----) --- Cla on Comstock, P anning Director Ordinance No. 3586 ZC 2019-04 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3586—Page 1 of 1 Zoning Case ZC 2019-04 Lot 10,Thomas Peck Subdivision 8400 Franklin Court, North Richland Hills,Texas Being Lot 10, Thomas Peck Subdivision, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records,Tarrant County,Texas. (� 8400 Franklin Coup 5 R' FRANKLIN COURT \ -_(rA'ROW) j .ate meter��Lot �� F.I.R. aF, 0,0/i \ ,'\.''63 2" / IV F.I.R. / N I C.N. 1 V F3.N. utr. I .� ' N. - I '/(md39/Re,4h g,) au. r ru I E • \ / N9000'00^N �..._ .-1 - Ni90.07'W 123.15' VACANT LOT C.M SLR ' 8400 Franklin Court I C : 1 5103'00'E I 1 I pNa Lot 10 1 00 81.10• y h I1 u 1 C i 0.313 Acres I V clu: I mo I o Lot 11 3 1 si o^ I o Ni03'00'Wi C I 1 276.59' e e, O 1"I drnn 1 FFo d a l, 9aR I I 3m 1 I �'j I N90170'00'2 1VOpO90O ,gIW jS. Q=. e "-17„� 4n —� I PROPERTY DESCRIPTION;lot 10,ofThmes Peck Imrw...b u'O�� u. ia uKI.io r+ Shady Oaks Secone fifmg Sutdxai0ion,Tolaal County,Team according eo the Plat themetheme =^s+^"i tiwtc ec.e..mgv.,an...Ma.xw. Cab.A,Slide 1908 recorded In Volume 38t.47,Page 441,Pitt Raced.ofTmant ! Comfy,Teem. 3Tam•�e..14.3art. mm,.,v.. ART Nf019 Y ((,.�.. *em buss...a..xnN _ ARON& A-0.193t96 ''3'x ,.... was 1:1 .x+>'r°.:=.• �OF. >A '�' ea.Wrsmru[+A -aw I�.(F.......,TF� Cam 4rcdnm MSc '� `,,,-yy��,,., a e...a=.,...1=a'.+.'y,QS' 0 , OF.Is, tl04993R54TT ' 4 '6 mw..t. ..e. n�lr..J..xa<.p r � , e..µ..a.+.-+4 < F.H.VlE5TPHALL O 58 2 NDib:The ba�a 1 • A R T H U R ',(9 ;svicect: vary.dorin.rt �Frccxf I�u1 4 ux40 suwerlNc ♦..'SUitd .. uhics Pa+mr•Vol.8019, 8400 Franklin Court - -y.-.' 9L PIt.VOL 3R}4,Ps 937, r.....r.,alus North Richland Hills,Texas .A.•nrv+� raemarw. ;2 `. r / 1 Star-Te1egri M DIA Arlington Citizen-Journal/The Keller ran I La Estrella Mansfield News-Mirror I Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com)808 Throckmorton St.I Ft Worth,Tx.781024315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004229062 CITY OF NORTH RICHLAND HILLS ORDINANCI ORDINANCE NO.3586 589 00 1 50.00 Li Attention: Traci Henderson, TRMC THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS PO BOX 820609 County of Tarrant NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared AMBAR CITY OF NORTH RICHLAND HILLS LIZARRAGA, Bid and Legal ORDINANCE NO.3586 g AN ORDINANCE OF THE CITY ram,Coordinator for the Star-Telegram, OF NORTH RICHLAND HILLS, 9 TEXAS AMENDING THE ZON- published by the Star-Telegram, Inc. ING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, at Fort Worth, in Tarrant County, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND Texas;and who,after being duly HILLS,TEXAS BY REZONING A 0.313-ACRE TRACT OF LAND CITY OF NORTH RICHLAND HILLS sworn,did depose and say that the LOCATED AT 8400 FRANKLIN NO.3586 attached COURT FROM AG (AGRICUL- ORDINANCE N0 attachd clipping of an advertisement TURAL) TO R-2 (SINGLE- AN ORDINANCE OF THE CITY ' FAMILY RESIDENTIAL); PRO- OF NORTH RICHLAND HILLS, was published in the above named VIDING THAT THIS ORDINANCE TEXAS AMENDING THE ZON- SHALL BE CUMULATIVE OF ALL ING ORDINANCE OF THE CITY paper on the listed dates: ORDINANCES; PROVIDING FOR OF NORTH RICHLAND HILLS, SEVERABILITY; ESTABLISHING AND THE ZONING MAP OF THE A PENALTY; PROVIDING FOR CITY OF NORTH RICHLAND SAVINGS; PROVIDING FOR HILLS,TEXAS BY REZONING A PUBLICATION;AND PROVIDING 0.313-ACRE TRACT OF LAND 2 AN EFFECTIVE DATE. LOCATED AT 8400 FRANKLIN Any person, firm or corporation COURT FROM AG (AGRICUL- Insertion(s) violating any provision of the TURAL) TO R-2 (SINGLE- Zoning Ordinance and the zon- FAMILY RESIDENTIAL); PRO ing map of the City of North VIDING THAT THIS ORDINANCE Published On: Richland Hills as amended here- SHALL BE CUMULATIVE OF ALL May 23,2019,May 24,2019 by shall be deemed guilty of a ORDINANCES; PROVIDING FOR misdemeanor and upon final SEVERABILITY; ESTABLISHING conviction thereof fined in an A PENALTY; PROVIDING FOR amount not to exceed Two SAVINGS; PROVIDING FOR Thousand Dollars ($2,000.00). PUBLICATION;AND PROVIDING Each day any such violation AN EFFECTIVE DATE. shall be allowed to continue shall constitute a separate vio- lation and punishable hereunder. violating any provision of the AND IT IS SO ORDAINED. Zoning Ordinance and the zon- PASSED AND APPROVED on ing map of the City of North this 20th day of May,2019. Richland Hills as amended here- CITY OF NORTH RICHLAND by shall be deemed guilty of a HILLS misdemeanor and upon final By:/s/Oscar Trevino,Mayor conviction thereof fined in an ATTEST: amount not to exceed Two /s/Traci Henderson, Assistant Thousand Dollars ($2,000.00). )11AI Iiii ‘ City Secretary Each day any such violation APPROVED AS TO FORM AND shall be allowed continue t LEGALITY: shall constitute a a separate vio- 4 /s/Maleshia B.McGinnis,Attor- lation and punishable hereunder. ney AND IT IS SO ORDAINED. PASSED AND APPROVED on (Principal Clerk) this 20th day of May,2019. CITY OF NORTH RICHLAND HILLS SUBSCRIBED AND SWORN TO By:/s/ATTEST:Oscar Trevino,Mayor BEFORE ME, THIS 24th day of /s/Traci Henderson, Assistant May in the year of 2019 City Secretary APPROVED AS TO FORM AND LEGALITY: /s/Maleshia B. McGinnis,Attor- ney 4vISM i1', Notary Publia • SrpY.P`'°4�; STEFANI SCOTT BEARD g J� ;. A� Notary ID#131768851 '�� " obar 23.2022 ,��•._.m�;+, Expires r Extra charge for lost or duplicate affidavits. -%g � _- -"""'"--`�r Legal document please do not destroy!