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HomeMy WebLinkAboutOrdinance 3008ORDINANCE NO. 3008 ZONING CASE ZC 2008-09 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 3.672 ACRE TRACT OF PROPERTY ZONED RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT) BY ADOPTING AN AMENDED SITE PLAN ALLOWING GATED ENTRY; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 3.672 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A by amending the RI-PD (Residential Infill Planned Development) attached hereto as Exhibit B to allow gated entry. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance 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. Ordinance No. 3008 Page 1 of 5 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 11th day of August, 2008. ~~~~~~au~autnwu~~ur ~~~ ~tC H C,q~'~,~ CITY OF RTH HLAND S r n ~ ~~~ ~s~h~ r i~ By: r Oscar Trevino, Mayor ATT: ;~ y h ~' '~ !l~^-' Patricia t'"~1~; ity Secretary APPR O RM AND LEGALITY: George A. St les City Attorney APPROVED AS TO CONTENT: ~___J~ John Pitstick, Planning & Development Director Ordinance No. 3008 Page 2 of 5 EXHIBIT A STATE OF TEXAS ) { COUNTY OF TARRANT ) ~ WHEREAS, Westrom & Walling Developers, L.P., acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of Iand situated in the W.D. Barnes Survey, Abstract No. 146 in the City of North Richland Hills, Tarrant County, Texas, and being all of that same tract conveyed to Westrom & Walling Developers, by warranty deed recorded in Tarrant County Clerk's File No. (T.C.C.I.No.) D207228761 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said tract also being a portion of Lot 11, Block 6, Crestwood Estates, being an addition to the City of North Richland Hills, according to the plat recorded in Cabinet A, Slide 3413 of the Plat Records of Tarrant County, Texas (F.R.T.C.T.), said tract being more particularly described by metes and bounds as follows: BEGINNING at a in" iron rod with cap stamped "MOAK SURV INC" found at the southeast property corner of the said Lot 1 1, Block 6, said beginning point being the southwest property corner of Tract AR, Block 6 of the said Crestwood Estates, said beginning point also being on the existing north right-of--way line of Starnes Road, being a b0' public right-of--way, said beginning point also being at the beginning of a curve to the left having a radius of 901.65 feet; THENCE in a Southwesterly direction, along the south property line of the said Lot 11, Block 6, along the said north right-of--way line Starnes Road and along the said curve an arc length of 259.04 feet, through a central angle of 16° 27' 39" and across a chord having a direction of South 54° 20' 40" West and a chord length of 258.15 feet to a sus" iron rod found; THENCE South 46° 06' S0" West, continuing along the said property line and along the said right-of--way line, a distance of 15.27 feet to a i~a" iron rod found at the southwest property corner of the said Lot 11, Block 6, said point being the east property comer of Lot 9, Block 6, Crestwood Estates, being an addition to the City of North Richland Hills, according to the plat recorded in Volume 388-101, Pages 54-55 of the P.R.T.C.T., said point also being at the beginning of a curve to the right having a radius of 532.14 feet; THENCE in a Northerly direction, along the west property line of the said Lot 11, Block 6, Crestwood Estates (Cab. A, Sld. 3413), along the east property line of Block 6, Crestwood Estates {Vol. 388-101, Pg. 54-55}and along the said curve an azc length of 393.29 feet, through a central angle of 42° 20' 4S" and across a chord having a direction of North 21 ° 17' 32" West and a chord length of 384.40 feet to a ~n" iron rod with cap stamped "SPOONER RPLS 4183" set; THENCE North 00° 14' 11" West, continuing along the said property lines, a distance of 254.87 feet to a ~n" iron rod with cap stamped "SPOONER RPLS 4l 83" set at the northwest property corner of the said Lot 11, Block 6, Crestwood Estates {Cab. A, Sld. 3413), said point also being the northeast propertycorner of Lot 1, Block 6, Crestwood Estates (Vol. 388-i01, Pg. 54-55); THENCE North 89° 43' 08" East, along the north property Iine of the said Lot 11, Block 6, Crestwood Estates (Cab. A, SId. 3413), 290.22 feet to a irz" iron rod with cap stamped "SPOONER RPLS 4l 83" set for corner, said point being the southwest property comer of a tract Ordinance No. 3008 Page 3 of 5 EXHIBIT A (CONT.) of land conveyed to Gateway Church by deed as recorded in T.C.C.I.No. D206407692 of the D.R.T.C.T.; THENCE South 00° 22' S3" East, along the east property line of the said Lot 11, Block 6, Crestwood Estates (Cab. A, Sld. 3413), and along the west property line of the said Tract AR, Block 6, Crestwood Estates (Cab. A, Sld. 3413), at 1 I . I S feet passing a t~z" iron rod with. cap stamped "MOAK SURV INC" found at the northeast property corner of the said Tract AR, Block 6, Crestwood Estates (Cab. A, Sld. 3413) continuing in all a total distance of 164.36 feet to a tie" iron rod with cap stamped "MOAK SURV INC" found for corner, said point being at the beginning of a curve to the left having a radius of 532.14 feet; THENCE in a Southerly direction, continuing along the said east property line of the said Lot 11, Block 6, Crestwood Estates {Cab. A, Sld. 3413), and along the said west property line of Tract AR, Block 6, Crestwood Estates (Cab. A, Sld. 3413) and along the said curve an arc length of 301.42 feet, through a central angle of 32° 27' 14" and across a chord having a direction of South 13° 37' S3"East and a chord length of 297.40 feet to the Point of Beginning, containing 3.673 acres (159,997.4 Sq. Ft.} of land more or less. 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Any person, firm or corporation violating any provision of the Comprehensive Zon- ing Ordinance as amended hereby shall be deemed guilty of a misde- meanor and upon final conviction thereof fined in an THE STATE ( amount not to ex- ceed Two Thousand County of Tan Dollars ($2,000.00). Each day any such violation shall be allowed to continue INVOICE Draft Only Customer ID: CIT13 Invoice Number: 299457031 Invoice Date: 8/17/2008 Terms: Net due in 21 days Due Date: 8/31/2008 PO Number: Order Number: 29945703 Sales Rep: 073 Description: CLT_Y QF NORTH RI Publication DateO64 /200$ ` 8/17/2008 E 1 63 63 LINE $0.26 $48.86 ( $8.50) $5.00 Net Amount: $45.36 1(9 CHRISTY L. HOLLAND My Commission Expires July 31, 2012 Before me, a I shall constitute violation said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, put and punishable .gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipp P hereunder. AP- t was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -750 PROVED on the 11th daY of August, 2008. ATTEST Trevino ' Oscar Treino -Mayor ATTEST: P Signed C /s /Patricia Hutson — atricia Hutson - City SUBSCRIBE[ APPROVVD As To FORE ME, THIS Tuesday, ugu 1 008. FORM AND LEGAL- ITY: yy Staples City Notary Publi Attorney Thank You For Your Payment ------------------------------ - - - - -- Remit TO: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 299457031 Invoice Amount: $45.36 PO Number: Amount Enclosed: $ Star - Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 22- 3148254 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Attn STACEY HARRISON CITY C' Comprehensive `Zon- in? Ordinance of the City of North Rich- land Hills; amending the Zoning Map of the City of North Richland Hills, Tex- as and rezoning a 3.472 acre tract of property zoned RI- PD (residential infill allowing gated entry; establishing a pen- alty providing for p ub pproviding n an effeca tive date. Any person, firm or corporation violating I3580 any provision of the ' Comprehensive Zon- ing Ordinance as amended hereby shall be deemed guilty of a misde- meanor and upon final conviction thereof fined in an amount not to ex- ceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be alVed to continue shall constitute a separate violation and punishable hereunder. PASSED AND AP- PROVED on the 11th day of August, 2008. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Patricia Hutson , Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGAL- THE STATE OF TEXAS County of Tarrant INVOICE Draft Only Customer ID: CIT 13 Invoice Number: 299516991 Invoice Date: 8/17/2008 Terms: Net due in 21 days Due Date: 8/31/2008 PO Number: Order Number: 29951699 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates: 8/16/2008 - 8/17/2008 _ fi �� 1 63 63 LINE $0.00 Net Amount: $0.00 01�Y P a CHRISTY L. HOLLAND My Commission Expires ' July 31, 2012 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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,�bove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 ( ! SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Notary Public Thank You For Your Payment -------------------------------------- - - - - -- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 299516991 Invoice Amount: $0.00 PO Number: Amount Enclosed: $