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HomeMy WebLinkAboutOrdinance 3865 ORDINANCE NO. 3865 ZONING CASE ZC24-0107 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 1.31 ACRES OF LAND LOCATED AT 7901 GREEN VALLEY DRIVE FROM AG (AGRICULTURAL) TO RE-1 (RESIDENTIAL ESTATE); 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 1.31 acres of land located at 7901 Green Valley Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to RE-1 (Residential Estate); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 9, 2024, with respect to the zoning change described herein; and Ordinance No. 3865 ZC24-0107 Page 1 of 5 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 RE-1 (Residential Estate) 1.31 acres of property described as a portion of Tract 2A1 Stephen Richardson Survey, Abstract 1266, commonly referred to as 7901 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 Managing Director of Development Services is directed to revise the official zoning map to reflect the approved RE-1 (Residential Estate) 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 Ordinance No.3865 ZC24-0107 Page 2 of 5 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, Texas, 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 shall be punishable hereunder. SECTION 8: All rights and remedies of the City of North Richland Hills, Texas, 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 as required by law, if applicable. SECTION 10: This ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 9th day of September, 2024. CITY OF NORTH RICHLAND HILLS - 7/( C-6( 44(-- k McCarty, Mayor Ordinance No.3865 ZC24-0107 Page 3 of 5 ATTEST: %io• AGHLAdd , 44- • l r Alicia Richardson City Secretary/Chief GoJ -C14 ,,i'',.11*1e.,%°,` APPROVED AS TO FORM AND LEGALITY: Bradley A erle, Interim City Attorney APPROVED AS TO CONTENT: a#10765-- Clayton Co stock Managing Director of Development Services Ordinance No.3865 ZC24-0107 Page 4 of 5 Ordinance No.3865 ZC24-0107 Page 5 of 5 Exhibit A—Property Description—Ordinance No. 3865—Page 1 of 1 Zoning Case ZC24-0107 Portion of Tract 2A1,Stephen Richardson Survey,Abstract 1266 7901 Green Valley Drive, North Richland Hills,Texas Being a 1.31-acre portion of a tract of land out of the Stephen Richardson Survey,Abstract No. 1266, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Arthur Edward Gordon and Jerry R.Gordon,as recorded in Volume 7116, Page 1062, Deed Records,Tarrant County, Texas,and as shown in the exhibit below. 7809 2831 ma 1423 7801 RE4 I A MO rr The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer McClatchyCentre Sun Hera es Times The Kansas City tcet Rock Hill I The Herald Idaho Statesman Thee n ton Herald Lr The Sacramento Bee Idaho Statesman Lexington Herald-Leader San Luis Obispo Tribune Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account0 Order Number Identification Order PO Amount Cols Depth 19363 591822 Print Legal Ad-IPL01937680-IPL0193768 Traa Henderson $46.16 1 48 L Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT PO BOX 820609 Before me,a NotaryPublic in and for said County NORTH RICHLAND HILLS,TX 761820609 and State,this day personally appeared Mary Castro,Bid and Legal Coordinator for the Star- treasury@nrhtx.com;thenderson@nrhtx.com Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who, CITY OF NORTH HRICHLAND after being duly sworn,did depose and say that ORDINANCE NO.3865 the attached clipping of an advertisement was AN ORTHDRICHLLANDFHIILLLS TEXAS published in the above named paper on the listed AMENDING THE ZONING ORDINANCE dates: OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY REZONING 1.31 1 insertion(s)published on: ACRES OF LAND LOCATED AT 7901 GREEN VALLEY DRIVE FROM AG (AGRICULTURAL)TO RE-1(RESIDEN- TIAL ESTATE);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.. Any person, firm or corporation vi- olating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills,Texas,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 viola- tion M�{+-+ _,{/^ -54—ro shall aallowed to continue shall constitute a separate violation and shall be punishable hereunder. PASSED AND APPROVED on this 9th day of September,2024. CITY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor Sworn to and subscribed before me this 17th day of ATTEST: /s/Alicia Richardson September in the year of 2024 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Bradley Anderle Bradley Anderle,Interim City Attorney IPL0193768 Sep 13 2024 Stelcs+1,PA,Le Hie Notary Public in and for the state of Texas,residing in Dallas County .'ems"•" ' 1. STEPHAN€E HATCHER i " .: My Notary It)#13353 T• . ',)•or ,,�' —rr ras January 14,24 2 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!