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HomeMy WebLinkAboutOrdinance 3432ORDINANCE NO. 3432 ZONING CASE ZC 2016 -15 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 0.321 ACRE TRACT OF PROPERTY LOCATED AT 6901 SMITHFIELD ROAD FROM AG(AGRICULTURE) TO R- 2(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 0.321 acres of land described in Exhibit "A" and shown on Exhibit "B" attached hereto, located at 6901 Smithfield Road (the "Property ") has filed an application to rezone the Property from its present classification of AG (agriculture) to R -2 (single family residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 15, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 10, 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. 3432 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 AG (agriculture) to R -2 (single family residential) a 0.321 acre tract located at 6901 Smithfield Road as described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated for all purposes. Section 2: Section 3: 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 -2 (residential) zoning, as set forth above. 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 amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars Ordinance No. 3432 Page 2 of 3 ($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 10th day of October, 2016. CITY OF NORTH RICHLAND HILLS ATTEST: By: Alicia Richardson, City Sec APPROVED AS TO FORM AND LEGALITY: Maleshia F mer, City Attorney APPROVED AS TO CONTENT: Clayt n Comstock mlanning Manager Ordinance No. 3432 Page 3 of 3 Tim Wel , ayor Pro Tem BBNG A � OF LAND C � hi '1 , T C , T AD �TH E S AME E OF N NON 'D2151 1 DEED RECORDS. T NNE AT A CIPPEO Iii PIN SET IN THE :NORTH ftO W.. UNE OF. CALL STREET FOR THE SOUTH •CCHtN A BED. D PRINT BENG, 7HE. SOLTRIEOST 'CORER OF LOT , � -1 * MOW JE- �. LION I A ION TO THE DRY OF NORTH RICHIMO ForisuarARRAtir,-ootititr4 =Mt TO • ' THE PLAT .REpoftDED 1 L.0 -17 PACE 74 :,..PLAT ice,. TJ� ; . ENCE NORTH- 0 04 AINU ES 1 SECONDS 11� . A. CAPPED N .T � LINE • OF LOT' 8,,• 81.E It. AWsiii AN THE . OF ,NOR 11 _GLAND HILLS TAT coutoX .7EXASs =ORONO TO THE :PLAT. RMORIED IN VOWME . -I 0 P •• , PLAT RED,. TARRANT 'M',--- Tom,. FOR NORTHEAST' SAID :LOT 8, BLOCK • 1 ■ MOU. E B D F T . CORNER F TRACT ,B BRIBED; ° THENCE DES H 11 -:SECONDS EAST 12015 Fes' 'ALONG - SOWN LINE OF ,SAIT) BLOCK 11, ADD• ESTATES 10.' A CAPPED IRON PIN. SET IN "CIE WEST 1.1 1E OF :9/ITT-FIELD ROAD FOR THE • l+ THEAST CORNER Dl`' TRACT 811+1 O :111B4ICE SOUTH 0 34 MINUTES r" GS EAST 120,00 'FAT ALONG THE UNE OF SAID IFHFIELD- ROM TO A .CAPPED IRON PIN SET 11 -THE NoRnt.R.O. . LINE SNIP STREET FOR SOUTHEAST CORNER P miser BBNO THENCE N DEGREES . Mlle 44 SECONDS VMST 121.138 D. ROY/ TO THE POINT. OF BEGIPINNIG. AND coisiTANitila 13272387 SQUARE M OF- LANDO • MORE RE 20 0 20 Scale 1" = 20' 4TA1 5718117 MOLLY IN WP OWNER: MCM CUSTOM HOMES LLC MICHAEL MONK 201 RICHELLE COURT COLLEYVILLE, TEXAS 78034 817.412.1545 ENGINEER: KELLIE ENGINEERING, INC. EDWARD KELLIE, PE P.O. BOX 47898 FORT WORTH, TEXAS 76147 817.455.1396 FAX: 817.704.4458 SURVEYOR: LOYD BRANSOM SURVEYORS, INC. CHARLES B. HOOKS, JR. RP LS 1028 N. SYLVANIA AVE FORT WORTH, TEXAS 76111 817.834.3477 FAX 817.831.9818 16 -169 08 -18 -16 BN REGISTRATION /UCENSE NO. 10111900 LOT 8, BLOCK 11 BRURW000 ESTATES VOL 388 -108, PG. 33 P.R.T.C.T. ITrt0lln.15" T.01 6, BLOCK 1 MOWS B. GOWNS ADDITION VOL 388 -171. P0. 74 P.R.T.C.T. /8 25' 8.1. WAN 1.04 C Iin aw FRO. CIF�PED P�48/87� (140. 1.� ND0 41 POINT OF BEGINNING P00. 1/2' P I/2' 25' B.L 101 4, BLOCK 1 ROWE B. COLONS AO01110N VOL 388-X. PG. 57 PR.T.C,T. 1. Au NON PINS SET NE 1/2. UPPED MIMED 1JS 12148' 2. MUM A PORTION OF MY L0T PRIM MS ADORM BY HERS ARO 90631128 IS A 910U1fON OF 0140E LAW NO CITY O✓aWICE 440 6 S0IECI TO FOES NA MINMONO 06 UM= MO PAWNS PERMS LOT 9, BLOCK 11 BRIAR/100D E3TATES VOL 388 -108. PG. 33 P.R.T.C.T. 5' 108, PG. 33 VOL B P.R.T.C.T. - - - -- _WI) 1P 7.5V11yE�J--- _- ._._.__1 25' B.L. PROPOSED LOT 10 MOCK 1 12829.844 S.F 10.80 - ! m in ! N 15'270' 0GNF ' rr VI5101171Y FASESINT ( N89'40' 121..88 ODELL STREET VOL 38 5i: f. 0 V. '0, 57 P�T run 1sr a 15'X70' SIGHT VLSIB/LTY EASEMENT '- INST. N0. 0212133804 P.R.T.C.T. 25' B.L. LOT 5R. BLOCK 2 MOUEE B. COLLINS AMMON INST. N0. D212133804 P.R.T.C.T. L 10' B.L J ■ U.E, INST. NO. 0212133804 P.R.T.C.T. CAPPED P 340 SET PK NYL HMO (ar IP LOT 3, BLACK 1 W.E. ODELL ADDITION VOL. 388 -0. PG. 08 P.R.T.C.T. 00.1 NAIL. LOT 4, BLOCK 1 W.E. ODELL ADDITION VOL 308-0, PC. 68 P.R.T.C.T. 010 TED. 1/2 PIP ODELL STREET g60' 710, r. �L P.R.TCL'.7: R8 BEING A TRACT OF UM OUT OF THE JON LIDCOMAS SURVEY, MORACT N0. 1040, TARRANT COUNTY, TEXAS, N0 BEING TIE SINE TRACT OF LAND AS 5608(4 E0 N D® RECORDED IN INSTRUMENT N0. 5215448387. DEED RECORDS, TARRANT COMM TEXAS. AND BONG DESCRIBED AS FOLLOW': BEGINNING AT A CAPPED 410N PIN 567 IN ME NORTH R.O.W. UNE OF ODELL SITFt1 FOR THE SOLMDIY5T CORNER OF TRACT BEING OESTMBED, SOD POINT BONG THE SOUTHEAST COMER OF LOT 9, BLOCK 1, MORE 0. CORNS AMMRON, M ADMEN TO THE CRY OF 44091H IDCE6MTD (8115, UMW' COMFY, TEXA5, ACCORDING TO THE PLAT RECORDED N VOWIIE 388 -171, PAGE 74. PUT RECORDS, WW1 COUNTY, 1E30LS THENCE NORTH 00 DEGREES 04 143146315 18 SECONDS EAST 110.54 FEET TO A CAPPED O THE P194 SET IN 1118 SOUTH UNE OF LOT 8, BLOCK 11, C117 OF NORTH OCHLAND NUS, TARFPNT COUNTY. 78X45, ACCORDING 7µD 11 M7 RECORDED N VOLUME 388 -308, PAGE 33. PLAT RECORDS, TARRANT COUNTY. TEXAS, FOR THE NORTHEAST CONFER OF SAD LOT 8, BLOCK 1, MOUE B. COLLNS MD FOR THE NORTHNT 1 CORER OF TRACT BEING DESCRIBED THENCE NORM 85 DEGREES 50 141NU1E5 11 SECONDS EAST 120.85 FEET 441048 19E SOUTH LINE OF 540 BLOCK 11, MARROW ESTATES TO A CAPPED IRON PIN SET N THE WEST UNE OF 061114611.0 ROW FOR THE NORTHEAST CORNER OF TRACT BEING D6CPEIED) THENCE SOUTH 00 DECRIES 34 MINUTES 38 5ECON011 EAST 120.00 FEET ALONG TIE PAST UNE OF SAD SMIIHFlEID ROW TO A GAPED NON PIN SET N THE NORM FLOW. UNE OF 5440 00E11, STREET FOR 11E SOIIMEAST CORNER OF TRACT BEND DESCRIBE % THENCE NORM 89 0EGREE55 40 M3NN6 44 SECONDS WEST 121.88 FEET ALONG SOO R.O.W. TO THE POOP OF BEGINNING AND 42)4411,484040 13972787 SQUIRE FEET OF LM0. MORE OR LESS REZONING EXHIBIT OF A TRACT OF LAND OUT OF THE JOHN McCOMAS SURVEY ABSTRACT NO. 1040 WINO A TRACT OF LARD OUT OF THE JUIN N.00MA5 SURVEY. AB518AC.T N0. 1040. TARRANT COUNTY. TEXAS. MD BEDNG THE SANE TRACT OF LARD AS DESCRIBED IN DEED RECOM ED 144 PETRMENT NO. D215145387. DEED RECORDS. TARRANT COUNTY TOPS CURRENT ZONING AG PROPOSED ZONING R -2 13972.787 S.F. FLOW ALL LEN BY THESE PRESENTS: THAT L GNARLS B. HUMS, JR., A RD:BID ED PROFESSONA . UNIT SURVEYOR UCOG D N THE STATE OF TEXA5, 00 HEREBY COMFY MKT MS PLAT B 1063E AND CORRECT N0 WIG MEWED FROM AN ACNAi. SURVEY MADE UNCUT MY SOPERA0CN ON THE GROUND. CHARLES 8. MOMS, JR 08 -18-18 0 1E • CITY OF North Richland Hills ORDINANCE NO. 3432 ZC 2016-15 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDI- NANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZON- ING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY RE- ZONING A 0321 ACRE TRACT OF PROPERTY LOCATED AT 6901 SMITHFIELD ROAD FROM AG(AGRICULTURE) TO R- 2(SINGLE FAMILY RESIDENTIAL) ZONING; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY FOR VIOLA- TIONS HEREOF; PROVIDING A 1 SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVID- ING AN EFFECTIVE DATE Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills 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 t� exceed Two Thousand Dollars (.2,000.00). Each day any such violation shall be allowed to continue shall con- stitute a separate violation and Pa punishable hereunder. Passed and Approved this 10th day of October 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Maleshia B. Farmer Maleshia B. Farmer, City Attorney INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 338813051 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 10/28/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 10/31/2016 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 33881305 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates:10 /27/2016 - 10/28/201 Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills 13580 1 49 49 LINE $0.80 $78.40 Net Amount: $78.40 ,0"!,"44.4 DEBORAH JEAN BAYLOR '9•-• St. • t , = Notary Public, State of Texas J� My Commission Expires -'' r;- ° � October 29, 2019 County of Tarrant �tm ttt Before me, a 91(otaryPublc in and for said County and State, this day personal% appeared Christy H!o!rand, Bids & Legal Coordinator for the Star - Telegram, pub ached 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 advertisement was published in the above named paper on the listed dates: BIDS d' LEGALS DEPT. Star - Telegram. (1 SUBSCRIBED AND SWWORNTO BEFORE ME, 2y-!IS DAY OF October .31 ) 2016 Signed ■14 �� 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: 338813051 Invoice Amount: $78.40 PO Number: Amount Enclosed: