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HomeMy WebLinkAboutOrdinance 3872 ORDINANCE NO. 3872 ZONING CASE ZC24-0111 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A PERMANENT ACCESSORY BUILDING TO BE LOCATED ON A NEW LOT TO BE ADDRESSED AT 8611 TIMBER DRIVE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and Ordinance No. 3872 ZC24-0111 Page 1 of 4 WHEREAS, the owner of the property located at 8611 Timber Drive (the "Property") has filed an application for a special use permit for a permanent accessory building; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on November 7, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 11, 2024, with respect to the special use permit 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 approving a special use permit to authorize a permanent accessory building Lot 3R2, Holder Smithfield Estates, commonly referred to as 8611 Timber Drive, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. SECTION 3: That the official 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 special use permit, as set forth above. SECTION 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all Ordinance No. 3872 ZC24-0111 Page 2 of 4 other applicable and pertinent ordinances of the City of North Richland Hills. 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 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 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. Ordinance No. 3872 ZC24-0111 Page 3 of 4 PASSED AND APPROVED on this 11th day of November, 2024. CITY OF NORTH RICHLAND HILLS J McCarty, Mayor ATTEST: sote,CHL,gN'%,��� nr 1* Alicia Richardson ;� h •' '�~ City Secretary/Chief Govern �ait� igffiircA APPROVED AS TO FORM AND LEGALITY: LEA a Cara Leahy Whit , City Attorney APPROVED AS TO CONTENT: Clayt Comstock Managing Director of Development Services Ordinance No.3872 ZC24-0111 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3872—Page 1 of 1 Special Use Permit Case ZC24-0111 Lot 3R2, Holder Smithfield Estates 8611 Timber Drive, North Richland Hills,Texas Being Lot 3R2, Holder Smithfield Estates, according to the plat thereof recorded in Document Number D224168942, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3872—Page 1 of 1 Special Use Permit Case ZC24-0111 Lot 3R2, Holder Smithfield Estates 8611 Timber Drive, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-1 (Single-Family Residential). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) permanent accessory building on the property. B. Permanent accessory building. The permanent accessory building must comply with Section 118-718(c) of the zoning ordinance and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C." 2. 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O c--I if The Beaufort C ae-tte Durham I The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The SunNews-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer McClatchyCentre Daily Times The Island asCityt TheSacra I toBeerald Sun Herald Lexngton eraldLr TRockHil I TheHe 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 Account# Order Number Identification Order PO Amount Cols Depth 19363 611630 Print Legal Ad-IPL02040220-IPL0204022 Alicia Richardson $46.16 1 48 L Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT O BOX 820609 NORTH Before me,a NotaryPublic in and for said County 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 RICHLAND HILLS after being duly sworn,did depose and say that ORDINANCE NO.3872 the attached clipping of an advertisement was AN ORDANCEY OF NORTH RRIICCHLANDFH THE °TEXAS published in the above named paper on the listed AMENDING THE COMPREHENSIVE dates: PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL.USE PERMIT TO ALLOW A ING T PERMANENT LOCATED O ACCESSORY N L0 1 insertion(s)published on: TO BE ADDRESSED AT 8611 TIMBER 11/15/24 DRIVE; PROVIDING THAT THIS OR- DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS HERE- OF;PROVIDING A SAVINGS CLAUSE; 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 M�+- /` ,rc/ a o constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 11th day of November,2024. CITY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor Sworn to and subscribed before me this 15th dayof AI Alicia Richardson November in the year of 2024 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White Cara Leahy White,City Attorney IPL0204022 /�/y /]�,, �,j J t Nov 15 2024 ��/� fl f1 W LIB LLf 4U�' Notary Public in and for the state of Texas,residing in Dallas County 4i3`..'"4 :MARGARET KATHLEEN WILSON i My Notary ID#134S16732 • L ryE';:�:+`' Expires May 24,2028 • Extra charge for lost or duplicate affidavits. Legal document please do not destroy!