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Home My WebLink AboutOrdinance 3712 ORDINANCE NO. 3712 ZONING CASE ZC21-00002 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 1.02-ACRE TRACT OF LAND LOCATED AT 8463 SHADY GROVE ROAD 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 1.02 acres of land located at 8463 Shady Grove Road (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 16, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on Ordinance No. 3712 ZC21-0002 Page 1 of 4 September 27, 2021, 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) 1.02 acres of property described as Tract 13A, Thomas Peck Survey, Abstract 1209, commonly referred to as 8463 Shady Grove Road, 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. Ordinance No. 3712 ZC21-0002 Page 2 of 4 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 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 27th day of September, 2021. CITY OF NORTH RICHL D HILLS By: Oscar Trevi , Mayor Ordinance No. 3712 ZC21-0002 Page 3 of 4 ATTEST: ```>‘.- nck`�CH4iip,��o •AATIC: .%.11: PA' . 4'41211 Alicia Richardson I S City Secretary/Chief Gover ��fi/,e S j1';1`,��;��`�� enninu APPROVED AS TO FORM AND LEGALITY: CA1161 ..../eat;:- leshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: -ip Clayton mstock, Planning Director Ordinance No. 3712 ZC21-0002 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3712—Page 1 of 1 Zoning Case ZC21-0002 Tract 13A,Thomas Peck Survey,Abstract 1209 8463Shady Grove Road, North Richland Hills,Texas BEING a tract of land situated in the THOMAS PECK SURVEY, ABSTRACT NO. 1209, of Tarrant County, Texas, and being a tract of land conveyed to Lamar H. and Cindy E. Slay, as recorded in Volume 11086, Page 1521, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a PK Nail found for corner, being on the north right-of-way line of Shady Grove Road, and being the southwest corner of Lot 1, Block 2, Fresh Meadows Estates, an addition to the city of North Richland Hills, Tarrant County, Texas, as recorded in Volume 2018, Page 9333, of the Plat Records of Tarrant County, and being the southeast corner of said Slay tract, said corner being State Place coordinates, N: 7014925.5775, E: 2368392.7836; THENCE South 88 degrees 51 minutes 16 seconds West, a distance of 219.87 feet to a point for corner, from which a 3/8-inch iron rod found for reference bears South 48 degrees 52 minutes 52 seconds East, a distance of 0.54 feet; THENCE North 48 degrees 52 minutes 52 seconds West, a distance of 13.49 feet to a %-inch iron rod found for corner; THENCE North 01 degrees 03 minutes 51 seconds West, a distance of 185.90 feet to a point for corner, being the southwest corner of a tract of land conveyed to Joshua Merritt and Deana Merritt, as recorded in Instrument No. D218110440, of the Deed Records of Tarrant County, Texas, from which an "X" found for reference bears South 65 degrees 01 minutes 40 seconds East, a distance of 1.12 feet; THENCE North 89 degrees 39 minutes 42 seconds East, a distance of 231.68 feet to a 5/8-inch yellow-capped iron rod found for corner, being the northwest corner of Lot 2, Block 2, of said Fresh Meadows Estates; THENCE South 00 degrees 31 minutes 30 seconds East, a distance of 191.72 feet to the PLACE OF BEGINNING and containing 1.02 acres of land. �e AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 144754 Print Legal Ad-IPLOO43019 $83.96 1 46 L Attention: ROBERT MYERS 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 Fort Worth,in Tarrant County,Texas;and who, NORTH RICHLAND HILLS after beingduly sworn,did depose and say that ORDINANCE NO.3712 Y p Y AN ORDINANCE OF THE CITY COON- 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 dates: OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 1.02-ACRE TRACT No.of Insertions: 2 OF LAND LOCATED AT 8463 SHADY (AGRICUL- TURAL)GROVE ROAD R 2O�(SINGLE-FAMILY Beginning Issue of: 09/30/2021 RESIDENTIAL);PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE EndingIssue of: 10/01/2021 OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY;ESTABLISHING A PENALTY;PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVDNG 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 27th day of September, 2021. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino,Mayor ATTEST:/s/Alicia Richardson,City Secretary/ Sworn to and subscribed be ore me this 1st day o Chief Governance Officer October in the year of 2021 APPROVED AS TO FORM AND LE- GALITY: /s/ Maleshia B. McGinnis,City Attor- ney IPL0043019 Sep 30-Oct 1 2021 Notary Public in and for the state of Texas,residing in Dallas County 2022 NMI O*tW Extra charge for lost or duplkate affidavits. Legal document please do not destroy[