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HomeMy WebLinkAboutOrdinance 3666 ORDINANCE NO. 3666 ZONING CASE ZC 2020-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 0.23-ACRE TRACT OF LAND LOCATED AT 8416 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 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 0.23 acres of land located at 8416 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 September 17, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on Ordinance No. 3666 ZC 2020-08 Page 1 of 4 September 28, 2020, with respect to the zoning change described herein; and 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) 0.33 acres of property described as Lot 15, Thomas Peck Subdivision, commonly referred to as 8416 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 Ordinance No. 3666 ZC 2020-08 Page 2 of 4 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 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 28th day of September, 2020. CITY OF ORT RICHLAND HILLS By: Os a revin , Mayor Ordinance No. 3666 ZC 2020-08 Page 3 of 4 Wi 1C ATTEST: ��c.H L J Alicia Richardson �'s City Secretary/Chief Gove ` ..Q i.Gfe APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, Planning Director Ordinance No. 3666 ZC 2020-08 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3666—Page 1 of 1 Zoning Case ZC 2020-08 Lot 15,Thomas Peck Subdivision 8416 Franklin Court, North Richland Hills,Texas Being Lot 15, Thomas Peck Subdivision, Tarrant County,Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records,Tarrant County,Texas. StarTelegram MEDIA Arlington Citizen-Journal I The Keller Citizen 11a Estrella Mansfield Hearths-Mirror I Star-Telegram Northeast I Vtreatherfferd 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 0004770410 CITY OF NORTH RICHLAND HILLS ORDINAN $97.40 1 55.00 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 RODELA, Bid and Legal Coordinator HILLS ORDINANCE NO.3666 for the Star-Telegram,published by AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITY - the Star-Telegram, Inc. at Fort Worth, OF NORTH RICHLAND HILLS, CITY OF NORTH RICHLAND TEXAS AMENDING THE ZON- HILLS in Tarrant County,Texas;and who, ING ORDINANCE OF THE CITY ORDINANCE NO.3666 OF NORTH RICHLAND HILLS, AN ORDINANCE OF THE CITY . after being duly sworn,did depose AND THE ZONING MAP OF THE COUNCIL OF THE CITY OF CITY and saythat the attached clipping of CITY OF NORTH RICHLAND OF NORTH RICHLAND HILLS, pp g HILLS,TEXAS BY REZONING A TEXAS AMENDING THE ZON- an advertisement was published in 0.23-ACRE TRACT OF LAND LO- ING ORDINANCE OF THE CITY CATED AT 8416 FRANKLIN OF NORTH RICHLAND HILLS, the above named paper on the listed COURT FROM AG (AGRICUL- AND THE ZONING MAP OF THE TURAL) TO R-2 (SINGLE- CITY OF NORTH RICHLAND dates: FAMILY RESIDENTIAL); PRO- HILLS,TEXAS BY REZONING A PRO- VIDING BECUHAT CUMULATIVE IVEIOF ALL 0.23-ACRE TRACT OF LAND LO- ORDINANCES;ORDLL C PROVIDINGOVI FOR CATED AT 8416 FRANKLIN TABLI I COURT FROM AG (AGRICUL- ALTY;SEVERABILITY;PROVIDING FOR TURAL) TO R-2 (SINGLE- S PENALTY; FOR FAMILY RESIDENTIAL); PRO-PROVIDING FOR i 2 Insertion(s) PUBLICATION;AND PROVIDING SIDING THAT THIS ORDINANCE � AN EFFECTIVE DATE. SHALL BE CUMULATIVE OF ALL Any person,firm or corporation ORDINANCES; PROVIDING FOR Published On: violating any provision of the SEVERABILITY; ESTABLISHING Zoning Ordinance and the zon- A PENALTY; PROVIDING FOR icOctober 01,2020,October 02,2020 ingmap the City of North Richland e Hills amended here- SAVINGS; PROVIDING FOR by shall be deemeda PUBLICATION;AND PROVIDING guilty of a misdemeanor and upon final AN EFFECTIVE DATE. conviction thereof fined in an Any person,firm or corporation amount not to exceed Two violating any provision of the Thousand Dollars ($2,000.00). Zoning Ordinance and the zon- Each day any such violation ing map of the City of North shall be allowed to continue Richland Hills as amended here- shall constitute a separate vio- by shall be deemed guilty of a lation and punishable hereun- misdemeanor and. upon final der. conviction thereof fined in an PASSED AND APPROVED on amount not to exceed Two this 28th day of September, Thousand Dollars ($2,000.00). 2020. Each day any such violation CITY OF NORTH RICHLAND shall be allowed to continue H!I LS shall constitute a separate vio- ° By:Js/Oscar Trevino 1 y ,—,/ Mayor lation and punishable hereun- D' ,.. der. i/t�t..�.[ LC.I ATTEST: PASSED AND APPROVED on /s/Alicia Richardson this 28th ,day of September, (Principal Clerk) p City Secretary/Chief Gover- 2020. APPnRnce OVED AS CITY OF 'NORTH RICHLAND AS TO FORM AND HILLS SUBSCRIBED AND SWORN TO LEGALITY: /s/Maleshia B.McGinnis By:/s/Oscar Trevino E: berintharof2Oa, ,k ORE ME,THIS 5th day of City Attorney Mayor ATTEST: /s/Alicia Richardson • City Secretary/Chief Gover- nance Officer APPROVED AS TO FORM AND LEGALITY: /s/Maleshia B.McGinnis City Attorney { ;r�011-°1*,: AMANDA DAWN GRISHAM =i*: •- :*= My Notary ID#132031326 :';.;,@ ;+'�` Expires May 30,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!