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HomeMy WebLinkAboutOrdinance 3672ORDINANCE NO. 3672 ZONING CASE ZC 2020-10 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 0.202-ACRE TRACT OF LAND LOCATED AT 8404 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 Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.202 acres of land located at 8404 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 December 3, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on December 14, 2020, with respect to the zoning change described herein; and Ordinance No. 3672 ZC 2020-10 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) 0.202 acres of property described as Lot 12, Thomas Peck Subdivision, commonly referred to as 8404 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 Ordinance No. 3672 ZC 2020-10 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 this 14th day of December, 2020. CITY OF NORTH M'Hf_AND HILLS By:-L;2 Oscar ATTEST: Alicia Richardson City Secretary/Chief='rn,� i. w Ordinance No. 3672 ZC 2020-10 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Cor6itock, Planning Director Ordinance No. 3672 ZC 2020-10 Page 4 of 4 Exhibit A — Property Description — Ordinance No. 3672 — Page 1 of 1 Zoning Case ZC 2020-10 Lot 12, Thomas Peck Subdivision 8404 Franklin Court, North Richland Hills, Texas Being Lot 12, Thomas Peck Subdivision, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records, Tarrant County, Texas. A 600579 Star-TelegiLagy .Arlington Citizen -Journal I The Keller Citizen I La Estrella Mansfield News-Misror I Star -Telegram Northeast I Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102;6315 AFFIDAVIT OF PUBLICATION 0004832830 I CITY OF NORTH RICHLAND HILLS ORDINAN Attention: Traci Henderson CITY OF NORTH RICHLAND HILLS PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 CITY OF FROM II.AI IUN; AND PROVIDING FFECTIVE DATE. 3erson, firm or corporation :ing any provision of the ig Ordinance and the zon- nap of the City of North and Hills as amended here- iall be deemed guilty of a Imeanor and upon final -tion thereof fined in an nt not to exceed Two ;and Dollars ($2,000.00). day any such violation be allowed to continue constitute a separate vio- and punishable hereun- ED AND APPROVED on 14th day of December, OF NORTH RICHLAND Oscar Trevino /s/ Alicia Richardson City Secretary/Chief Gover- nance Officer APPROVED AS TO FORM AND LEGALITY; /s Maleshia B. McGinnis City Attorney legals & 1au61j notices • 4ND HILLS NO.3672 OF THE CITY rHE CITY OF AND HILLS, ING THE ZON- ING ORDINANCE i OF NORTH RICHI AND THE ZONING CITY OF NORTF HILLS, TEXAS BY I 0.202-ACRE TRAC LOCATED AT 840 COURT FROM A( TURAL) TO R FAMILY RESIDEN VIDING THAT THIS SHALL BE CUMULP ORDINANCES: PRC TY; OF LAND FRANKLIN (AGRICUL- (SINGLE- %Q; PRO- IVE OF ALL IDING FOR ABLISHING DING FOR ING FOR AN EFFECTIVE DATE. Any person, firm or corporation violating any provision of the Zoning Ordinance and the zon- ing map of the City of North Richland Hills as amended here- by 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 vio- lation and punishable hereun- der. PASSED AND APPROVED on this 14th day of December, 2020. CITY OF NORTH RICHLAND HILLS . By: /s/ Oscar Trevino Mayor ATTEST: /s/ Alicia Richardson City Secretary/Chief Gover- naice Officer APPROVED AS TO FORM AND LEGALITY: /s/ Maleshia B. McGinnis _ City Attorney $97.40 THE STATE OF TEXAS County of Tarrant 55.00 Li Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertion(s) Published On: December 17, 2020, December 18, 2020 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 18th day of 2ot;drP�B��. AMANDADAWN GRISHA M My Notary ID # 132031325 Extra F es Ma 30. 2023 s. Legal document p ease o n o d s roy'"���°�'