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HomeMy WebLinkAboutOrdinance 3417ORDINANCE NO. 3417 ZONING CASE ZC 2016 -07 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 14.78 ACRE TRACT OF PROPERTY LOCATED IN THE 8100 BLOCK OF PRECINCT LINE 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 14.78 acres of land described in Exhibit "A" and shown on Exhibit "B" attached hereto, located in the 8100 block of Precinct Line (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 June 2, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 27, 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. 3417 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 14.78 acre tract within the 8100 block of Precinct Line 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 -2 (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 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. 3417 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 27th day of June, 2016. ATTEST: Alicia Richardson, City CITY OF NORTH RI LAND HILLS By: Os a r Trevino, Mayo "i cH� "', .. �% Z' r .s7Ty . ..... APPROVED A TO FORM AND'LEOALITY: �J Cara Leahy White, A sistant City Attorney APPROVED AS TO CONTENT: 01 ON,'M f' �/ Clayton Comstock, Planning Manager Ordinance No. 3417 Page 3 of 3 EXHIBIT A Page 1 of 2 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the W.C. Newton Survey, Abstract No. 1182 and the S. Richardson Survey, Abstract No. 1266, City of North Richland Hills, Tarrant County, Texas, being all of that tract of land as described in deed to Kenneth G. Ashlock and wife, Judith K. Ashlock, recorded in Volume 12352, Page 356, Deed Records, Tarrant County, Texas, being all of that tract of land as described in deed to Jody V. Austin and wife, Susan A. Austin, recorded in D208336368, Deed Records, Tarrant County, Texas, being a portion of that tract of land as described in deed to Jody Austin and wife, Susan A. Austin, recorded in Volume 8095, Page 616, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a Right -of -Way marker in the new west right -of -way of line of Precinct Line Road (R.O.W. varies) at the southeast corner of said Ashlock tract, said point lying in the north line of a tract of land as described in deed to Coude Partners, Ltd., recorded in D205166057, Deed Records, Tarrant County, Texas; THENCE S 89 °55'15" W, along the south line of said Ashlock tract, the north line of said Coude tract, and the north line of Thornbridge East, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 4133, Plat Records, Tarrant County, Texas, a distance of 1249.89 feet to the east line of Thornbridge, Phase V, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 4134, Plat Records, Tarrant County, Texas; THENCE N 01 020'04" W (plat N 00 °27'01 " W), along the east line of said Thornbridge, Phase V, a distance of 246.07 feet; THENCE N 000 16'50" W (plat N 00 02701 " W), along the east line of said Thornbridge, Phase V, a distance of 261.75 feet to the south line of a tract of land as described in deed to Gene E. Ratcliff and wife, Joan C. Ratcliff, recorded in Volume 8361, Page 99, Deed Records, Tarrant County, Texas; THENCE along the north line of said Austin tracts and the south line of said Ratcliff tract, as follows: N 89 038'49" E, a distance of 1065.39 feet to an iron pin for corner; N 00 °04'23" W, a distance of 31.79 feet to an iron pin for corner; S 89 °57'42" E, a distance of 179.06 feet to the aforementioned new west right -of -way line of Precinct Line Road; THENCE along the new west right -of -way line of said Precinct Line Road, as follows: EXHIBIT A Page 2 of 2 S 00 °18'26" E, a distance of 88.53 feet; S 02 °10'12" E (reference bearing per Volume 12456, Page 508, Deed Records, Tarrant County, Texas), a distance of 300.16 feet to a Right -of -Way marker; S 00 °14'50" E, a distance of 155.79 feet to the POINT OF BEGINNING and containing 14.78 acres of land, more or less. NOTE: This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT B THORNRIDGE DRIVE CP ~ J I I a (PLAT N 001'27'01" W) I I I m I JC 1 jll I < N 01 °20'04" W 246.07' N 00 °16'50" W 261.75' S Z l PRECIIJCT LINE ROAD I I I I I I N I O F—____ Z /`VTR m - -,V I Y x Sm I y Z ci D U) �r,l ?�� n 1 � C�trfi a 9 = o N r^ i �. m in UI 1� co LO y x n> [n 1 rn m I o m x N G 0 o I N OZ I ?Z m I I LSO (LO 0 gIk D b !�bm 00 1 0 hYD s I •"APP I I I I al a I I I I n l I al I b I y 7 7,_ D 1 I ' Aso N 00 °04'23" W 31.79' A -1266 - - -- A -1209 - -- - -- - -- A -1182 I "r En L9- I I �o v VO p y x o � ru I IOZ ni C, c I WC� m S 00'14'50" E 9ti*006 3 "Zti'O; -20 S 00 °18'26" E n 155.79' PRECINCT LINE ROAD 88.53 ' j.� (R.O.W. VARIES) 04 80If°� rN 2 Td ° ryy!'Iy Dp�}CCS�aii'1 -i fprl F}�� IO nNp pN ON O2 T 0 lap- q ad 019z ;g % m i o 1n FgpW S K'�"pa rA 0y�i �' qa d }6 5°�� :5 000 ®iE mYyS�n O w a p� q 'i6 4 °' H y���� { rA`^' :/1 4 q r 5 Fi° �iaq i ;F 55_3 �1d Z a gg . 8 a J&° < c I�- ; ® � 1 5 y a, OOP �� � � ag N ZS � T t3 i yy C u�t c E- \10565 \COGO \THORNBRIDGE NORTH\ZONING EXHIBIT. ro CITY OF North Richland Hills ORDINANCE NO. 3417 ZC 2016 -07 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 14.78 ACRE TRACT OF PROPERTY LOCATED IN THE 8100 BLOCK OF PRECINCT LINE ROAD FROM AG(AGRICULTURE) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA. TIVE OF ALL ORDINANCES; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VI- OLATIONS HEREOF; PROVIDING A 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 to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall con- stitute a separate violation and Punishable hereunder. Passed and Approved on this 27th day of June, 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Cara L. White Cara L. White - Assistant City Attorney INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Attn: STACEY HARRIS Customer ID: CIT13 Invoice Number: 338647181 Invoice Date: 9/30/2016 Terms: Net due in 21 days Due Date: 9/30/2016 PO Number: Order Number: 33864718 Sales Rep: 047 Description: City of North Richlan Publication Dates: 9/29/2016 - 9/30/2016 Description Location Col Depth Linage MU Rate Amount City of North Richland Hills I3580 1 50 50 LINE $8.21 $821.00 Sales Discount ($747.00) Misc Fee $10.00 Net Amount: $84.00 DEBORAH JEAN BAYLOR z: Notary Public, State of Texas My Commission Expires October 29, 2019 County of Tarrant "" Before me, a Notary Public in and for said County and State, this clay personalty appeared Christy Hodand,, Bids &Lega[Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort'Wortk in Tarrant County, Texas : and who after being duly sworn, dud depose andsay that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS & LBGAL S DEIPT Star - Telegram. (1 SUBSCRIBED AND SWORNTO BEFORE ME, PXIS DA}'OFSE'P7 ..W,p2016 Signed NOTqqZ}'PUBLIC Thank You For Your Payment ---------------------------------------- - - - - -- Remit To: Star - Telegram P.O. BOX 901051 FORT WORTH, TX 76101 -2051 Customer ID: CIT 13' Customer Name: CITY OF NORTH RICHLAN Invoice Number: 338647181 Invoice Amount: $84.00 PO Number: Amount Enclosed: