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HomeMy WebLinkAboutOrdinance 3641 ORDINANCE NO. 3641 ZONING CASE ZC 2020-01 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 0.20-ACRE TRACT OF LAND LOCATED AT 5149 JENNINGS DRIVE FROM R- 4-D (DUPLEX) TO R-1 (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 0.20 acres of land located at 5149 Jennings Drive (the "Property") has filed an application to rezone the Property from its present classification of R-4-D (Duplex) to R-1 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on March 5, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 23, 2020, with respect to the zoning change described herein; and Ordinance No. 3641 ZC 2020-01 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-4-D (Duplex) to R-1 (Single-Family Residential) 0.20 acres of property described as a portion of Lot 1 R, Block 4, Richland Oaks Addition, commonly referred to as 5149 Jennings Drive, 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-1 (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 Ordinance No. 3641 ZC 2020-01 Page 2 of 4 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 23rd day of March, 2020. CITY OF NORT I HL HILLS By: Oscar Tre no, or ATTEST: Alicia Richardson, City Secretary Ordinance No. 3641 ZC 2020-01 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: M leshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton mstock, Plan 'ng Director Ordinance No. 3641 ZC 2020-01 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3641 Zoning Case ZC 2020-01 Portion of Lot 1R, Block 4, Richland Oaks Addition 5149 Jennings Drive, North Richland Hills,Texas BEING a portion of Lot 1R, Block 4, Richland Oaks Addition,and addition to the city of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-8, Page 80, of the Map Records of Tarrant County, Texas same being that tract of land conveyed to Joshua Stewart Graham, by deed recorded in County Clerk's file number D214042167, Official Public Records,Tarrant County,Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a %2-inch iron rod found for corner, said corner being along the southwest line of Jennings Drive (50 foot right-of-way) said corner being the north corner of Lot 2R of the said Addition,from which an "X"found for witness bears North 32 degrees 25 minutes 23 seconds West,a distance of 14.73 feet for witness and from which a 50D nail found for witness bears North 38 degrees 08 minutes 21 seconds West, a distance of 11.59 feet for witness; THENCE South 53 degrees 00 minutes 45 seconds West along the northwest line of said Lot 2R a distance of 120.00 feet to a %-inch iron rod found for corner said corner being the north corner of Lot 19R of said Addition and being the east corner of that tract of land conveyed to Chanh Tran by deed recorded in County Clerk's file number D208113608, Official Public Records,Tarrant County,Texas; THENCE North 37 degrees 26 minutes 00 seconds West along the northeast line of said Tran tract a distance of 75.13 feet to a point for corner, said corner being along the southeast line of State Highway No. 26 (public right-of-way); THENCE North 53 degrees 03 minutes 45 seconds East,along the southeast line of said State Highway No. 26 a distance of 101.75 feet to a point for corner; THENCE South 89 degrees 16 minutes 20 seconds East, along the south line of the intersection of said Jennings Drive and said State Highway No. 26 a distance of 23.31 feet to a point for corner,from which a -inch iron rod found bears North 37 degrees 26 minutes 00 seconds West, a distance of 39.16 feet for witness; THENCE South 37 degrees 26 minutes 00 seconds East, along the southwest line of said Jennings Drive, a distance of 60.84 feet to the POINT OF BEGINNING and containing 8,880 square feet or 0.20 acres of land. Star-Te1egi MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I bVeatherfard Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004607996 CITY OF NORTH RICHLAND HILLS ORDINANC ordinance 3641 $92.36 1 52.00 Li Attention: Traci Henderson 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 Legal Coordinator ORDINANCE NO,3641 AN ORDINANCE OF THE CITY for the Star-Telegram,published by OF NORTH RICHLAND HILLS, ;CITY TEXAS AMENDING THE ZON- OF'NORTH,RICHLAND HILLS.' the Star-Telegram, Inc.at Fort Worth, ING ORDINANCE OF THE CITY `'ORDINANCE NO.3641 OF NORTH RICHLAND HILLS, AN ORDINANCE OF THE•CITY• in Tarrant County,Texas;and who, AND THE ZONING MAP OF THE ..':OF.,:-NORTH ,RICHLAND HILLS,:., after bein dui sworn,did de ose CITY OF NORTH RICHLAND TEXAS.:AMENDING THE ZON; j 9 y p HILLS,TEXAS BY REZONING A ING ORDINANCE OF THE CITY- and say that the attached clipping of 0.20-ACRE TRACT OF LAND LO- , . OF NORTH- RICHLAND 'HILLS,,,? CATED AT 5149 JENNINGS "AND.THE ZONING.MAP,<OFTHE• an advertisement was published in DRIVE FROM R-4-D (DUPLEX) , -,'CITY,,-OF :'NORTH' RICHLAND TO R-1 (SINGLE-FAMILY REST- 'MILLS,TEXAS BY REZONING A' the above named paper on the listed DENTIAL); PROVIDING THAT , '0.20-ACRE TRACT'OF-LAND'LO-.: THIS ORDINANCE SHALL BE CATED "AT '5149 JENNINGS: dates: CUMULATIVE OF ALL ORDIDRIVE°FROM R-4-D' (DUPLEX)' NANCES; PROVIDING FOR TO R=1;(SINGLE-FQM[LY.RESI- SEVERABILITY; ESTABLISHING : DENTIAL);;PROVIDING:.THAT''' A PENALTY; PROVIDING FOR THIS BE ORDINANCE,SHALL SAVINGS; PROVIDING FOR CUMULATIVE.CIF:,ALL "OR PUBLICATION;AND PROVIDING . 'NANCES; PROVIDING FOR AN EFFECTIVE DATE. -- SEV,ERABILITY; ESTABLISHING ` 2 Insertions) Any person,firm or corporation A ,PENALTY;"PROVIDING FOR ' Zoning any provisions theof the SAVINGS;°- PROVIDING FOR Zoning Ordinance and zon- PUBLICATION;AND PROVIDING Published On: ing map of the City of North .,AN;EFFECTIVE DATE: March 26,2020,March 27,2020 Richland Hills as amended here- Any person,firm ,00r.corporation`,, by shall be deemed guilty of a Any in misdemeanor and upon final g any ,provision of`the-_ conviction thereof fined in an :an _Zoning Ordinance- d,the zen-, s amount not to exceed Two • ing map,Cif:the City_,of, North- i 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- conviction thereof'fined-in",an lation and punishable hereun- .'amount-.not :to .exceed..Two': der. Thousand,Dollars ($2,000.00). •' - PASSED AND APPROVED on ' Each day any such.Violation" 1 this 23rd day of March,2020. ,shall'be:-:allowed to' continue I CITY OF NORTH RICHLAND : ,,shall'constitute-a:separate.vio- HILLS ,.nation" and punishable ,hereun- By: /s/ Oscar der: Trevino PASSED- AND,, `APPROVED,=on, . Oscar Trevino,Mayor ,:this 23rd day of.March,2020.. ATTEST: ''CITY': OF',NORTH RICHLAND ' ' ; /s/Alicia Richardson -HILLS .'- �� City Secretary APPROVED AS TO FORM AND // :—- 'Oka"-BY:,- s � LEGALITY: Trevino v /s/Maleshia B.McGinnis Oscar Trevino,,Mayor'.; ' (Principal Clerk) City Attorney ATTEST. = - .. City ecretiryardson. ' " SUBSCRIBED AND SWORN TO -`.City Secretary - ' . - i-APPROVED'AS TO FORM=AND -' BEFORE ME,THIS 27th day of ,,LEGALITY: �/s/Mafeshia B-McGinnis-. h i the year of 2020 Gi y Attorney" t r • Public • - r v r _..os"``•"'B4's AMANDA DAWN GRISHAM 1'"-' : = M Notary ID#132031326 ',,'4•bF!Pe Expires May 30,2023 . Legal document please do not destroy!