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HomeMy WebLinkAboutOrdinance 3632 ORDINANCE NO. 3632 ZONING CASE ZC 2019-20 AN ORDINANCE OF THE CITY COUNCIL 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 0.435-ACRE TRACT OF LAND LOCATED AT 7805 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 the Vision2030 Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision2030 Land Use Plan map provides guidance for future development in conformance with the adopted Vision2030 Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.435 acres of land located at 7805 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 December 19, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on January 13, 2020, with respect to the zoning change described herein; and Ordinance No. 3632 ZC 2019-20 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) 0.435 acres of property described as Lots 1 and 2, Block 1, Mollie B. Collins Addition, commonly referred to as 7805 Odell Street, 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. 3632 ZC 2019-20 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of January, 2020. CITY 0 0 H ICHLAND HILLS B / By: Oscar vino ayor ATTEST: r"` Alicia Richardson, City Secretary Ordinance No. 3632 ZC 2019-20 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: - )(0166Ca/VV,.--) Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, fanning Director Ordinance No. 3632 ZC 2019-20 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3632 Zoning Case ZC 2019-20 Lots 1 and 2, Block 1, Mollie B. Collins Addition 7805 Odell Street, North Richland Hills,Texas BEING Lots 1 and 2, Block 1, Mollie B.Collins Addition,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-X, Page 57, Plat Records,Tarrant County,Texas. ntr pr sNnNn b reTAa PLAT SHOWING NOTE'N aafii'iaSoN. BLOd(S t 612 MOLLIE B.GOWNS ADDITION OUT OF THE 1 NOTE: iKCCMA$SURVEY ASST.ND.IO4O tN'DIRRARTOOUNTY,TE!(AS THIS.u*y VAUDOlp1, 70T116 CITY TiNI �}fIELD'TEXAS RCCVRaaa W NI au NI SttRVEYED f NOYEyeER a- YbRTN►ar A►RaOVy ►LAT RCYf�O. R TAR Y,TEXAS ' aY ...•rE on' ' .. ....... TAY s san-eoucatoA sta.atm. SCALE I.Sd YI. .S 8 3 Vag. 246' $I 65 I 7t Ti ! O 72of 68 , 68 SB Q • BLCSCK D. T 40 'g 9 0 10 t II-'I aq I 2 3 4 d S ' 6 �.f-- _LIME _ - 2G `n 0 �� '70 • TC 40 ._ 62 • i--- • 25' _ STREET e 6 K. - A- --ie- 68 Be 70 ,70 60 - 82 = A In ODELL C►e °� 2 a 0 3 4 S 6'l 0 w EAST 233 f 2S ' 2 _ 1 , = LTV 2' .I 2 04i I BLOCK It9 70 TO 70 60 82 I EAST 47I °i I. SCANN Star-Telegram F e.) MEDIA EB 4 Arlington Citizen-Journal I The Keller Citizen I La Estrella 2020 Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004530202 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3632 $92.36 1 52.00 Li Attention: Traci Henderson, TRMC 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 VICTORIA CITY OF NORTH RICHLAND HILLS RODELA, Bid and Le ORDINANCE NO.3632 Legal Coordinator AN ORDINANCE OF THE CITY ram for the Star-Telegram, published b COUNCIL OF THE CITY OF — g P by NORTH RICHLAND HILLS, CITY OF NORTH RICHLAND HILLS the Star-Telegram, Inc. at Fort Worth, TEXAS, AMENDING THE ZON- ORDINANCE NO.3632 ING ORDINANCE OF THE CITY AN ORDINANCE OF THE CITY in Tarrant County,Texas;and who, OF NORTH RICHLAND HILLS, COUNCIL OF THE CITY OF AND THE ZONING MAP OF THE NORTH RICHLAND HILLS, after being duly sworn,did depose CITY OF NORTH RICHLAND TEXAS, AMENDING THE ZON- HILLS,TEXAS BY REZONING A ING ORDINANCE OF THE CITY and say that the attached clipping of 0.435-ACRE TRACT OF LAND OF NORTH RICHLAND HILLS, an advertisement was ublished in LOCATED AT 7805 ODELL AND THE ZONING MAP OF THE TURAL) TO R--2 2 (SINGLE-S paper p STREET FROM (AGRICUL- CITY OF NORTH RICHLAND the above named on the listed ( N I FAMILY RESIDENTIAL); PRO- HILLS,TEXAS BY REZONING A VIDING THAT THIS ORDINANCE 0.435-ACRE TRACT OF LAND dates: SHALL BE CUMULATIVE OF ALL LOCATED AT 7805 ODELL ORDINANCES; PROVIDING FOR STREET FROM AG (AGRICUL- SEVERABILITY; ESTABLISHING TURAL) TO R-2 (SINGLE- A PENALTY; PROVIDING FOR FAMILY RESIDENTIAL); PRO- SAVINGS; PROVIDING FOR VIDING THAT THIS ORDINANCE PUBLICATION;AND PROVIDING SHALL BE CUMULATIVE OF ALL 2 Insertion(s) AN EFFECTIVE DATE. ORDINANCES; PROVIDING FOR ) Any person, firm or corporation SEVERABILITY; ESTABLISHING violating any provision of the A PENALTY; PROVIDING FOR Published On: Zoning Ordinance and the zon- SAVINGS; PROVIDING FOR ing map of the City of North PUBLICATION;AND PROVIDING January 16,2020,January 17,2020 Richland Hills as amended here- AN EFFECTIVE DATE. by shall be deemed guilty of a Any person,firm or corporation misdemeanor and upon final violating any provision of the conviction thereof fined in an Zoning Ordinance and the zon- amount not to exceed Two ing map of the City of North Thousand Dollars ($2,000.00). Richland Hills as amended here- Each day any such violation by shall be deemed guilty of a shall be allowed to continue misdemeanor and upon final shall constitute a separate vio- lation and punishable hereun- conviction thereof fined in an der. amount not to exceed Two PASSED AND APPROVED on Thousand Dollars ($2,000.00). this 13th day of January,2020. Each day any such violation CITY OF NORTH RICHLAND shall be allowed to continue HILLS shall constitute a separate vio- BY:/S/OSCAR TREVINO lation and punishable hereun- Mayor der. ATTEST: PASSED AND APPROVED on /s/Alicia Richardson this 13th day of January,2020. City Secretary CITY OF NORTH RICHLAND APPROVED AS TO FORM AND HILLS YED C ,‘,1----" LEGALITY: BY:/S/OSCAR TREVINO _ /s/Maleshia B.McGinnis Mayor (Principal Clerk) City Attorney ATTEST: /s/Alicia Richardson City Secretary SUBSCRIBED AND SWORN TO APPROVED AS TO FORM AND BEFORE ME,THIS 17th day of LEGALITY: Y /s/Maleshia B.McGinnis - uary in the year of 2020 City Attorney I I , \ A A ' / ...., No ary Public- .••••C'ee AMANDA DAWN GRISHAM 'E• •—c :* M Notary ID#132031326/� ± Expires May 30,2023 Ext i u,uupdcaie amaavmc. Legal document please do not destroy!