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Home My WebLink AboutOrdinance 3699 ORDINANCE NO. 3699 ZONING CASE ZC 2021-06 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 0.32-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 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 0.32 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 June 3, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 14, 2021, with respect to the zoning change described herein; and Ordinance No. 3699 ZC 2021-06 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) 0.32 acres of property described as Lot 11, 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 No. 3699 ZC 2021-06 Page 2 of 4 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 this 14th day of June, 2021. CITY OF ORTH CHLAND HILLS: By: Oscar T ino, or Ordinance No. 3699 ZC 2021-06 Page 3 of 4 ATTEST: �ll.i�-f.�tl��4 b—t-464La Alicia Richardson • City Secretary/Chief Gover6o43,aggebr APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton mstock, Planning Director Ordinance No. 3699 ZC 2021-06 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3699—Page 1 of 1 Zoning Case ZC 2021-06 Lot 11,Thomas Peck Subdivision 8400 Franklin Court, North Richland Hills,Texas Being Lot 11,Thomas Peck Subdivision,Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records,Tarrant County,Texas. Beaufort Gazette The Herald-Pock Hill el Nueao Herald-Miami Sun Nevis-Myrtle Beach Bellwille News-Democrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald! Island Packet The Olympian San Luis Obispo Tribune Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle. Columbus Ledger-Erquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 84192 Print Legal Ad-IPL0028660 $89.00 1 4.91 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 Amanda Grisham,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at CITY OF NORTH RICHLAND Fort Worth,in Tarrant County,Texas;and who, LS ORDINANCE NO.3699 after being duly sworn,did depose and say that AN ORDINANCE OF THE CRY COUN- the attached clipping of an advertisement was CIL OF THE CITY OF NORTH RICH- LAND HILLS,TEXAS,AMENDING THE published in the above named paper on the listed ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND dates: THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS,TEXAS BY REZONING A 0.32-ACRE TRACT OF No.of Insertions: 2 LAND LOCATED AT 8400 FRANKUN COURT FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDEN- Beginning Issue of: 06/17/2021 TIAL); PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF EndingIssue of: 06/18/2021 ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY;PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVIDING AN EFFECTIVE DATE. Any person, firm or corporation vi- olating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amend- ed hereby shall be deemed guilty of a misdemeanor and upon final con- viction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00).Each day any such viola- tion shall be allowed to continue shall constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 14th day of June,2021. CITY OF NORTH RICHLAND HILLS .. By:/s/Oscar Trevino Oscar Trevino,Mayor Sworn to and subscribed before me this 18th day of ATTEST: /s/Alicia Richardson June in the year of 2021 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPL0028660 Jun 17-18 2021 eaa4d Notary Public in and for the state of Texas,residing in Dallas County 7. MyllotasylDN191` ( 51 Extra charge for last or duplicate affidavits. 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