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HomeMy WebLinkAboutOrdinance 3483 DENIED ORDINANCE NO. 3483 ZONING CASE ZC 2017-14 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 2.213 ACRES OF PROPERTY LOCATED AT 9005 GRAND AVENUE FROM TC TOWN CENTER NEIGHBORHOOD CENTER TO TC TOWN CENTER NEIGHBORHOOD CORE; 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 a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 2.213 acres of land located at 9005 Grand Avenue (the "Property") has filed an application to rezone the Property from its present classification of TC Town Center Neighborhood Center to TC Town Center Neighborhood Core; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 5, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 23, 2017, 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 Ordinance No. 3483 ZC 2017-14 Page 1 of 4 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 rezoning from TC Town Center Neighborhood Center to TC Town Center Neighborhood Core 2.213 acres of property described as Tract 1H and a portion of Tract 1A, Landon C. Walker Survey, Abstract 1652, commonly referred to as 9005 Grand Avenue, as described on Exhibit "A," 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 TC Town Center Neighborhood Core 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, Ordinance No. 3483 ZC 2017-14 Page 2 of 4 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 two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 23rd day of October, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3483 ZC 2017-14 Page 3 of 4 Approved as to form and legality: Maleshia B. McGinnis, City Attorney Ordinance No. 3483 ZC 2017-14 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3483 Zoning Case ZC 2017-14 Tract 1H and portion of Tract 1A, Landon C.Walker Survey,Abstract 1652 9005 Grand Avenue,North Richland Hills,Texas Being a portion of a tract of land situated in the LANDON C.WALKER SURVEY,ABSTRACT NUMBER 1652, being a part of that tract of land described as Tract I conveyed to Arcadia Land Partners 25, Ltd. as recorded in County Clerk's Document Number D203472402, Tarrant County Deed Records, and being further described as follows. COMMENCING at a one-half inch iron rod set for corner at the intersection of the southwest right-of-way line of Hawk Avenue (a 60-foot wide right-of-way at this point) with the northwest right-of-way line of Grand Avenue(a 90-foot wide right-of-way); THENCE along the northwest right-of-way line of Grand Avenue as follows: South 45 degrees 07 minutes 37 seconds West 179.77 feet to a one-half inch iron rod set for corner, Southwesterly, 130.60 feet along a curve to the right having a central angle of 88 degrees 02 minutes 09 seconds, a radius of 85.00 feet,a tangent of 82.14 feet, and whose chord bears South 89 degrees 08 minutes 42 seconds West, 118.13 feet to a one-half inch iron rod set for corner in the northeast right-of-way line of Parker Boulevard(a 70-foot-wide right-of-way); THENCE North 46 degrees 50 minutes 14 seconds West along the northeast line of Parker Boulevard 280.07 feet to the POINT OF BEGINNING; THENCE along the northeast line of Parker Boulevard as follows: North 46 degrees 50 minutes 14 seconds West 332.34 feet to a one-half inch iron rod set for corner; North 53 degrees 45 minutes 22 seconds West 35.42 feet to an "X" in concrete set for corner in the southeast right-of-way of a 30-foot-wide alley; THENCE North 43 degrees 26 minutes 44 seconds East 185.01 feet along the southeast right-of-way line of said 30-foot-wide alley to a one-half inch iron rod set for corner in the easterly line of said Tract 1 and in the southwest right-of-way line of Hawk Avenue(a variable width right-of-way at this point); THENCE along the southwest right-of-way line of Hawk Avenue as follows: South 01 degrees 15 minutes 04 seconds East 7.11 feet to a five-eighth inch iron rod found for corner; North 89 degrees 50 minutes 36 seconds East 130.44 feet to a five-eighth inch iron rod found for corner; South 46 degrees 32 minutes 03 seconds East 328.95 feet to a point for corner; THENCE South 43 degrees 09 minutes 46 seconds West 263.47 feet to the POINT OF BEGINNING and containing 2.13 acres of land, more or less.