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HomeMy WebLinkAboutOrdinance 3741ORDINANCE NO. 3741 ZONING CASE ZC22-0026 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 1.99-ACRE TRACT OF LAND LOCATED AT 8104 GREEN VALLEY DRIVE FROM R-3 (SINGLE-FAMILY RESIDENTIAL) TO R-1-S (SPECIAL SINGLE-FAMILY); 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 1.99 acres of land located at 8104 Green Valley Drive (the "Property") has filed an application to rezone the Property from its present classification of R-3 (Single -Family Residential) to R-1-S (Special Single -Family); 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. 3741 ZC22-0026 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 R-3 (Single -Family Residential) to R-1-S (Special Single -Family) 1.99 acres of property described as Lot 2, College Acres Addition, commonly referred to as 8104 Green Valley Drive, 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-S (Special Single -Family) 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 Ordinance No. 3741 ZC22-0026 Page 2 of 4 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 13th day of June, 2022. CITY OF NORTH RICHLAND HILLS `�,a.�C ;�Slito Rodriguez, Mayor Pro em ATTEST:`; J Alicia Richardson y�.(j'••..,,� , .: City Secretary/Chief Gov�,� Ordinance No. 3741 ZC22-0026 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton 6Comst6bk, Planning erector Ordinance No. 3741 ZC22-0026 Page 4 of 4 Exhibit A — Property Description — Ordinance No. 3741— Page 1 of 1 Zoning Case ZC22-0026 Lot 2, College Acres Addition 8104 Green Valley Drive, North Richland Hills, Texas Being Lot 2, College Acres Addition, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-25, Page 65, Plat Records, Tarrant County, Texas. AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 19363 277474 Print Legal Ad - IPL0077323 $89.00 1 1 49 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 NORTH RICHLAND Fort Worth, in Tarrant County, Texas; and who, HILLS after being duly sworn, did depose and say that ORDINANCE NO. 3741 AN ORDINANCE OF THE'L CITY OF ; the attached clipping of an advertisement was NORTH RICHLAND HILLS, AMENDING THEZONING ORDINANCE published in the above named paper on the listed OF THECITY OF NORTH RICHLAND dates: HILLS, AND THE ZONING MAP, OF THE CITY OF NORTH 'RICHLAND ; HILLS, TEXAS BY REZONING A 1:99- ACRE'TRACT OF LAND LOCATED AT No. of Insertions: 2 8104 GREEN VALLEY DRIVE FROM R-3 (SINGLE-FAMILY RESIDENTIAL) TO R-1-S (SPECIAL SINGLE-FAMILY); ; Beginning Issue of: 06/16/2022 PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- EndingIssue of: 06/17/2022 DINANCES; PROVIDING FOR SEVER- ABILITY; ESTABLISHING A PENALTY; PROVIDING FOR 'SAVINGS; PROVID- ; ING FOR PUBLICATION; AND PROVID- ING 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. r PASSED AND APPROVED on this 13th day of June, 2022. CITY OF NORTH RICHLAND HILLS ; By: /s/ Tito Rodriguez Tito Rodriguez, Mayor Pro Tem Sworn to and subscribed be ore met is 17th day o ATTEST: ; /s/ Alicia Richardson June in the year of 2022 Alicia Richardson ; City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM.AND LE- GALfIY: /s/Maleshia B. McGinnis Maleshia B. McGinnis, City Attorney IPL0077323 Jun 16-17 2022 + , Notary Public in and for the state o Texas, resi ing in Dallas County �I Ddra charge for lost or duplicate affidavits. Legal document please do not destroy!