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.
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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
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Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!