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Home My WebLink AboutOrdinance 3406 ORDINANCE NO. 3406 ZONING CASE ZC 2016-01 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 0.463 ACRE TRACT OF PROPERTY LOCATED IN THE 7200 BLOCK OF BURSEY ROAD FROM R-1-S(SPECIAL SINGLE FAMILY RESIDENTIAL) TO R-1(SINGLE FAMILY RESIDENTIAL) ZONING; 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 owner of the property containing approximately 0.463 acres of land more fully described on Exhibit "A" and shown on Exhibit "B" attached hereto, located in the 7200 Block of Bursey Road (the "Property") has filed an application to rezone the Property from its present classification of R-1-S (special single family residential) to R-1(single family residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 9, 2016 with respect to the zoning change 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 Ordinance No. 3406 Page 1 of 3 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 CITYOF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from R-1-S (special single family residential) to R- 1(single family residential) a 0.463 acre tract out of Lot 2R2, Block 1, Double K. Ranch Addition, North Richland Hills, Tarrant County, Texas, commonly referred to as located in the 7200 block of Bursey Road as described on Exhibit "A" and shown on Exhibit "B," 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 Manager is directed to revise the official zoning map to reflect the approved R-1 (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 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 Ordinance No. 3406 Page 2 of 3 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 after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 9th day of May, 2016. CITY • ' ORTH R C ,LAND HILLS By: kfild ►►""jH01f"�""', Oscar Trevino, Mayor \‘‘‘‘c491:1. 64/*lr , ATTEST: �? -0- o .r LUILy,ut,- \itf\,..t__46>vdZi)Alicia Richardson, Cif- ,drelO Vic' �'"iiiurnl j f ito AP'ROVED AS TO FORM AND LEGALITY: i A ALA _/ ► I A - / C ra Leahy �� ite, A.sis a' ity PV ney APPROVED AS * CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3406 Page 3 of 3 "EXHIBIT A" METES AND BOUNDS DESCRIPTION 20,151 SQUARE FEET—ZONING DISTRICT CHANGE OUT OF LOT 2R,BLOCK 1,DOUBLE K RANCH IN THE JOHN CONDRA SURVEY,A-310 CITY OF NORTH RICHLAND HILLS,TARRANT COUNTY,TEXAS All that certain 20,151 square feet of land,out of Lot 2R,Block 1,Double K Ranch Addition,recorded in Document Number D211237245 in the Plat Records of Tarrant County, Texas(P.R.T.C.T.),in the John Condra Survey, A-310, City of North Richland Hills, Tarrant County, Texas and more particularly described by the metes and bounds as follows:(all bearings shown hereon are based on the said Double K Ranch Addition Plat); BEGINNING at a 1/2"iron rod with a cap stamped"MOAK"found for the northwest corner of the herein described tract,common to a point in the east line of Lot 1,Block 1,Griffin Addition recorded in Cabinet A, Slide 3904 P.R.T.C.T., in the south right-of-way line of Bursey Road (Right-Of-Way Varies), from which a 1/2"iron rod found for the northeast corner of said Lot 1,Block 1, Griffin Addition,bears North 00° 11'53"East—0.86'; THENCE South 89° 38' 51" East -- 88.30' (Called 88.50') along the south right-of-way line of said Bursey Road,to a 1/2" iron rod with a cap stamped"MOAK"found for the northeast corner of the herein described tract, common to the northwest corner of Lot 1R, Block 1, of said Double K Ranch Addition, from which a 1/2" iron rod found for the northeast corner of said Lot IR, Block 1, Double K Ranch Addition,bears South 89°38' 51"East—140.30'along the south right-of-way line of said Bursey Road; THENCE South 00°21'09"West—232.37' along the west line of said Lot 1R,Block 1,Double K Ranch Addition,to the southeast corner of the herein described tract; THENCE North 85° 15' 48" West—87.95' to the south west corner of the herein described tract, in the 1' east line of said Lot 1,Block 1,Griffin Addition; THENCE North 00° 11' 53"East—225.65'along the east line of said Lot 1,Block 1,Griffin Addition,to the POINT OF BEGINNING and containing 20,151 square feet of land. THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE ZONING EXHIBIT PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS EXHIBIT B. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A. SPRY s SURVEYORS -`' Project Number:023-083-50 •Date:January 7,2016 ,`' ' " froN LEWIS 8241 Mid-Cities Blvd.,Suite 100'North Richland Hills,TX 76182 Al % Firm Reg No 10112000 • Phone 817-776-4049•email:spry@sprysurveyors.com 5SR � � 074 LRVId Lewis R.P.L.S.NO.5647 EXHIBIT B Graphic Scale in Feet BURSEY ROAD (R.o.W. VARIES) 0 50' 100 (CALLED 88.50') SCALE: 1" = 50' 89'38'51" E 88.3.' S 89:38'51" E 140.30' • P 0 B 1/2" IRF w/CAP 1/2" IRF rimf 1/2" IRF w/CAP I 1/2" IRF BEARS ` 4 1/ CO N 00'11'53" E-0.86 25' B.L. / ..' 20,151 SQ.FT. Cam") -4- ZONING DISTRICT CHANGE f■' rz0 O rn vow1= `7% fixi lC,�� • N Imo' , ¢ I— � 0- CN I - JAN 1. e17U16 LEGEND , •O � tf ..4 �`" o INTERIOR PROPERTY CORNER I N LOT 1R, BLOCK 1 ZI ' C) DOUBLE K RANCH ABBREVIATIONS ADDITION '' I J (1) DOC. NO. D211237245 D.R.LC.T. DEED RECORDS OF TARRANT COUNTY,TEXAS P.R.T.C.T. P.R.T.C.T. VOL VOLUME RECORDS OF TARRANT COUNTY,TEXAS Ii o c PG. PAGE .I CAB. CABINET N �- DOC. NO. DOCUMENT NUMBER u - -. IRF IRON ROD FOUND c IRS IRON ROD SET o DG P.O.B. POINT OF BEGINNING e -f C.M. CONTROLLING MONUMENT N 8515 48 ill/ IPF IRON PIPE FOUND o �, 87.95' U.E. UTILITY EASEMENT ■ B.L BUILDING UNE co PROPOSED LOT 2R-1 X LOT 2R, BLOCK 1 O F° TF`1 I certify that this survey was made on W DOUBLE K RANCH �Q °G\S T(,�° y, of °o o° the ground, that this plat correctly ADDITION �o°O�� x/16. FQ°�\ represents the facts found at the time Z DOC. NO. 0211237245 °*.O°°°°000!`°°a°a°000�.. of survey. ce t DAVID CARLTON LEWIS P.R.T.C.T. oaa °°a °° \ A 5647 v c P°7.5' U.E. <q°�FESS\° y4- � R ° i I SU 0 0 CO p December 21,2015 1 Hi I CERTIFICATE DATE DAVID CARLTON LEWIS, R.P.L.S. NO. 5647 0 NOTES 20,151 SQUARE FOOT E m i. This Survey is issued without the benefit of a current title report and is subject to revision ZONING DISTRICT CHANGE EXHIBIT d upon receipt thereof. Surveyor has done no additional research for possible easements, - restrictions or covenants which may affect this property. OUT OF LOT 2R, BLOCK 1, o 2. All building lines,easements and bearings shown hereon are according to the Plot of Double DOUBLE K RANCH ADDITION o K Ranch Addition recorded under Document Number D211237245, in the Plot Records of Torront Q County, Texas, unless otherwise noted. IN THE JOHN CONDRA SURVEY, A-310 0 3. According to the Flood Insurance Rate Map No. 48439C0090 K, published by the Federal CITY OF NORTH RICHLAND HILLS TARRANT COUNTY TEXAS Imo°- Emergency Management Agency, dated: September 25, 2009, the surveyed property shown hereon ISSUE DATE: 01/07/2016 SCALE 1" = 50' PROJECT NO.: 023-083-50 i does not lie within any special flood hazard area Inundated by the 100-year flood. -. 4. On the issue date of this exhibit ich property shown hereon is zoned "R-1-s"according to � � i 1 SURVENorth Rhld Hlls. f this exhibit is to change the }�;zoning to R-1". r 5. This survey is Issued in conjunction with the Metes and Bounds Description by Spry 8241 Mid—Cities Blvd., Suite 100• North Richland Hills, TX 76182 a Surveyors, hereby referenced as Exhibit A. This Survey Is Exhibit B. o Ph 817.7764049• spryasprysurveyors.com •www.sprysurveyors.com i Firm Reg. No. 10112000 vT INVOICE . Star - Telegram Customer ID: C1T13 808 Throckmorton St. Invoice Number: 337785801 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/13/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 5/31/2016 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 33778580 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates: 5/12/2016 - 5/13/2016 Description Location Col Depth Linage MU Rate Amount City of North Richland Hills l';580 1 48 48 LINE SO.8() $76.80 CITY OF North Richland Hills Ordinance No. 3406 An Ordinance of the City of North Richland Hills, Texas amending the Zoning Ordinance of the City of Net Amount: $ 76 . 80 North Richland Hills, and the Zoning Map of the City of North Richland Hills, Texas by rezoning a 0.463 acre tract of property located in the 7200 block of Bursey Road from R- 1- S(Special Single Family Resi- dential) to R- 1(Single Family Res- idential) zoning; providing that this ordinance shall be cumulative of all .,, - ordinances; providing a severability 1 ` % t r n- go DEBORAH JEAN BAYLOR clause; providing a penalty for ;t.. - violations hereof; providing a say- a_; � ( _ •s Notary Public, State of Texos ings clause; providing for publica- p si, i :; My Commission Expires tion; and providing an effective date V4- '..' f October 29, 2019 Any person, firm or corporation ,,,,, °,;,,,,, County of Tarrant violating any provision of the . Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be Be ore me, a Notary Public r deemed guilty of a misdemeanor t day personally appeared Christy Holland, Buds &Legal Coordinator f and upon final conviction thereof fined in an amount not to exceed for the Star Telegram, pu6lu Each rdhaoyusaannyd w violat ). it Fort Worth, in Tarrant County, Texas : and who after being duty sworn, be allowed to continue shall con - did depose and say that the c stitute a separate violation and t was published in the above named paper on the listed dates: punishable hereunder. BIDS & L`EGALS DEPT. , Passed and Approved on this 9th 16 S WO SITE D ET TO BEFORE /s /Oscar Trevino THIS DAY OF May / Oscar T revino - Mayor /s /Alicia Richardson Alicia Richardson - City Secretary / ! APPROVED AS TO FORM AND / LEGALITY: ed , / � _ /s /Cara Leahy White Cara Leahy White - Assistant City ' Attorney APPROVED AS TO CONTENT: /s /Clayton Comstock - Planning n\ \ �/` Ak AU\� Manager .9ic - Clayton Comstock, Planning Manager EAR}'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: 337785801 Invoice Amount: $76.80 PO Number: Amount Enclosed: $