HomeMy WebLinkAboutOrdinance 3740ORDINANCE NO. 3740
ZONING CASE ZC22-0025
AN ORDINANCE 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 0.23-ACRE TRACT OF
LAND LOCATED AT 8408 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 0.23 acres of land
located at 8408 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 May 19, 2022, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on June 13, 2022,
with respect to the zoning change described herein; and
Ordinance No. 3740
ZC22-0025
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) 0.23 acres of property described as Lot 13, Thomas Peck
Subdivision, commonly referred to as 8408 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
decree of any court of competent jurisdiction, such unconstitutionality shall
Ordinance No. 3740
ZC22-0025
Page 2 of 4
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 13th day of June, 2022.
CITY OF NORTH RICHLAND HILLS
"-
By: -1Z
! It
Tito Rodriguez, Mayor Pr I
Tern
ATTEST: n
O:
Alicia Richardson
City Secretary/Chief
Ordinance No. 3740
ZC22-0025
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
A
Fm
• ••� • I - •
Ordinance No. 3740
ZC22-0025
Page 4 of 4
Exhibit A — Property Description — Ordinance No. 3740 — Page 1 of 1
Zoning Case ZC22-0025
Lot 13, Thomas Peck Subdivision
8408 Franklin Court, North Richland Hills, Texas
Being Lot 13, Thomas Peck Subdivision, an Addition to the City of North Richland Hills, Tarrant County,
Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records, Tarrant County,
Texas.
AFFIDAVIT OF PUBLICATION
Account #
Order Number
Identification
Order PO
Amount
Cols
Depth
19363
277473
Print Legal Ad - IPL0077321
$90.68
1
1 50 L
Attention: ROBERT MYERS
CITY OF NORTH RICHLAND HILLS
PO BOX 820609
NORTH RICHLAND HILLS, TX 761820609
----------------------------------------------------------------------------
CITY OF NORTH RICHLAND
NO. 3740
THE CITY
OF THE CITY OF NORTH RICHLAND
HILLS, AND THE ZONING MAP OF THE
CITY OF NORTH RICHLAND HILLS,
TEXAS BY REZONING A 023-ACRE
TRACT OF LAND LOCATED AT 8408
FRANKLIN COURT FROM AG (AGRI-
CULTURAL) TO R-2 (SINGLE-FAMILY
RESIDENTIAL); PROVIDING THAT TH18
ORDINANCE, SHALL BE CUMULATIVE
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
(S2,000.00). Each day any such viola-
tion shall be allowed to continue shall
constitute a 'separate violation and
punishable hereunder.
PASSED AND APPROVED on this 13th
day of June, 2022.
CITY OF NORTH RICHLAND HILLS
By: /s/ Tito Rodriguez
Tito Rodriguez,, Mayor Pro Tern
ATTEST:
/s/ Alicia Richardson
Alicia Richardson
City Secretary/Chief Governance.Of-
ficer
APPROVED AS TO FORM AND 'I E-
GALITY:
/s/ Maleshia B. McGinnis
Maleshia B. McGinnis, City Attorney
IPL0077321.
Jun 16-172022
THE STATE OF TEXAS
COUNTY OF TARRANT
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
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:
No. of Insertions: 2
Beginning Issue of: 06/16/2022
Ending Issue of: 06/17/2022
Sworn to and subscribed before me this 17th day o
June in the year of 2022
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroyl