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HomeMy WebLinkAboutOrdinance 3713 ORDINANCE NO. 3713 ZONING CASE ZC21-00003 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 2.0-ACRE TRACT OF LAND LOCATED AT 8312 SHADY GROVE ROAD FROM AG (AGRICULTURAL) 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 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 2.0 acres of land located at 8312 Shady Grove Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) 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 September 16, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on Ordinance No. 3713 ZC21-0003 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-1 (Single-Family Residential) 2.0 acres of property described as Lot 3, Thomas Peck Subdivision, commonly referred to as 8312 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-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. Ordinance No. 3713 ZC21-0003 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 27th day of September, 2021. CITY 0 NORTH L HILLS By: Oscar evi ayor Ordinance No. 3713 ZC21-0003 Page 3 of 4 o(a,'CI-1-41°j'� ATTEST: `�,.���,.. •......,.•!�Q. Alicia Richardson • ••� �� City Secretary/Chief Gov ic' 1�. .11 . \` �� /01111nnuu0 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton stock, PI nning Director Ordinance Na 3713 ZC21-0003 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3713—Page 1 of 1 Zoning Case ZC21-0003 Lot 3,Thomas Peck Subdivision 8312 Shady Grove Road, North Richland Hills,Texas Being Lot 3, Thomas Peck Subdivision, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-46, Page 874, Plat Records,Tarrant County,Texas. -`.''�t4/: y a.v y R r�+o m a; 355' 874 roi „; z•, ta.YY fa;F•?"' /cr 'ty,�„ ,'' n •.` 4.. f4 i 4 7'T "A j.. .,. \ . ' :All' Y"l `j •A� e' , P� c a 't:r � * . r y 1 R.4yrs ♦ ef / g b t r ,' l . %... 7.4'0A4..$ Pyre.55i/5Z'; : t,11 • y' i ? o,AA. 4"'•,o ids..... ......s m✓.,' s...:.."„) s $1 < th " r w ', t, ,' 3 $ '' a< "" ; a 4 it1Y`0111lt,tts1 T;S'S fr: r." ter.° - " iv.kt.PI A'Y'APPROVAL C a.. lAlk 1 041 I.VOA v.e4*a awdsr3..1"i,L. S 'Ft:. :1 % , oh r•n.oi. fit.t.offl1lh,4'444.. .,t.,.* > . , - . >.twvat afSt .roe tt„ °'' SCN t-•. 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T r i4YCentre Daily Times f�ansas City Star'°, S2Er merrtr3 Bee Tri llty Herald °' ° . - °` 'Charlotte;ipbsserver 'Lexington Herald-Oder Fort Worth Sta 1 legrann Wiclbita Eagle' ° ° ,Columl�uh Ledger-Enquirer Merced Sun-Stas The State Cdfurnbia ° z „. n -Biloxi Fresno Bee. hgrarttr.l i • e . scald .5u Hera Bla AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 144756 Print Legal Ad-IPL0043024 $8228 1 45 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 beingdulysworn,did depose and saythat ORDINANCE NO.3713 p AN ORDINANCE OF THE CITY COUN- the attached clipping of an advertisement was RICH- LANDCIL OF E CITY OF 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 2.0-ACRE TRACT No.of Insertions: 2 OF LAND LOCATED AT 8312 SHADY GROVE ROAD (AGRICUL- TURAL) TO R-10 (SINM AG GLE-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 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 27th day of September,2021. CITY OF NORTH RICHLAND HILLS Y1 By:/s/Oscar Trevino,Mayor ATTEST: Sworn to and subscribed before me this 1st day of /s/Alicia Richardson,City Secretary/ October in the year of 2021 Chief Governance Officer APPROVED AS'TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis,City Attorney IPL0043024 Sep 30-Oct 1 2021 37& . '9a42.4i -Votary Public in and for the state of Texas,residing in Dallas County rw� v�, fiT-4 '''*;f: II*tifottilD01317N'6i ' U .w 0 M OtiOhji 23 ' 22 krk. Extra charge for lost or duplicate affidavits. Legal document please do not destroy!