HomeMy WebLinkAboutOrdinance 3528 ORDINANCE NO. 3528
ZONING CASE ZC 2018-19
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 2.26-ACRE TRACT OF
PROPERTY LOCATED AT 8025 VALLEY DRIVE FROM
AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE-
FAMILY); PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
FOR SEVERABILITY; ESTABLISHING A PENALTY;
PROVIDING FOR SAVINGS; 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 2.26 acres of land
located at 8025 Valley Drive (the "Property") has filed an application to
rezone the Property from its present classification of AG (Agricultural) to R-
1-S (Special Single-Family); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on August 16, 2018, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on August 27,
2018, with respect to the zoning change described herein; and
Ordinance No. 3528
ZC 2018-19
Page 1 of 4
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 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 AG (Agricultural) to R-1-S (Special Single-
Family) 2.26 acres of property described as Tract 1B12, Stephen
Richardson Survey, Abstract 1266, commonly referred to as 8025 Valley
Drive, 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 R-1-S (Special Single-Family) 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
Ordinance No. 3528
ZC 2018-19
Page 2 of 4
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
($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 27th day of August, 2018.
CITY OF N• 'TN RI ' AND HILLS
By: li i
Oscar 'ino, Mayor
ATTEST: .\`aA 'V..tCr- -- _
) 1 91•x ~
Alicia Richardson, W•Secrebt ..
x: '' rYfr::
Ordinance No. 3528 ••'`.a,,,,m+till° '
ZC 2018-19
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
!11 • ' Z'
Ma esIiia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
0! • i_
Clayton Comstock, Planning Manager
Ordinance No. 3528
ZC 2018-19
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3528— Page 1 of 1
Zoning Case ZC 2018-19
Tract 1B12,Stephen Richardson Survey,Abstract 1266
8025 Valley Drive, North Richland Hills,Texas
A 2.26 acre tract of land being the same property described in a deed recorded in Volume 10468, Page
2347, Tarrant County Deed Records, known as Lot 5, Block A, Green Valley Country Estates, an
unrecorded subdivision located in the Stephen Richardson Survey,Abstract 1266,Tarrant County,Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of the herein described tract,from which a fence corner post bears
South 47 degrees West, 0.6 feet and from which the south line of Continental Trail bears northerly
approximately 559 feet;
THENCE South 88 degrees 14 minutes 00 seconds East along the south line of a tract described in a deed
recorded under Tarrant County Clerk File No. 203419182 for a distance of 519.70 feet to a point for
corner in the west line of Valley Drive (60 feet wide), being in a curve to the right having a central angle
of 26 degrees 06 minutes 09 seconds and a radius of 410.58 feet, from which a %2-inch iron rod bears
South 31 degrees East,0.23 feet;
THENCE, along the west line of Valley Drive, along said curve to the right for an arc distance of 187.05
feet(chord bears South 12 degrees 10 minutes 26 seconds East, 185.44 feet)to al/2-inch iron rod found
for corner;
THENCE North 88 degrees 14 minutes 00 seconds West along the north line of a called 2.0-acre tract
described in a deed recorded in Volume 5669, Page 192, Tarrant County Deed Records, and the north
line of a called 1.09-acre tract described in a deed recorded in Volume 7788, Page 1664,Tarrant County
Deed Records,for a distance of 561.39 feet to a 3z-inch iron rod found for corner;
THENCE North 00 degrees 49 minutes 00 seconds East, along the east line of a called 5.87-acre tract
described in a deed recorded under Tarrant County Clerk File No. 208415040 for a distance of 180.00
feet to the POINT OF BEGINNING and containing 2.26 acres of land.
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0003828808 CITY OF NORTH RICHLAND HILLS OROINANC 1 9196.80 1 55.00 Li
Attention: Traci Henderson THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS County of Tarrant
PO BOX 820609
NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for
said County and State,this day
personally appeared CHRISTINE
CITY OF NORTH RICHLAND HILLS •
,Bid and Legal Coordinator
ORDINANCE NO.3528 CITY OF NORTH RICHLAND HILLS LOPEZ, g
ORDINANCE NO.352a
AN ORDINANCE OF THE CITY OF for the Star-Telegram,published by
NORTH RICHLAND HILLS, AN ORDINANCE OF THE CITY OF
TEXAS AMENDING THE ZON- NORTH RICHLAND HILLS, the Star-Telegram,Inc.at Fort Worth,
ING ORDINANCE OF THE CITY TEXAS AMENDING-THE y
ZON; In Tarrant County,Texas;and who,
OF NORTH RICHLAND HILLS, INS ORDINANCE OF.THE CITY ,
AND THE ZONING MAP OF THE OF NORTH. RICHLAND HILLS, after being duly sworn,did de
CITY OF NORTH RICHLAND AND THE ZONING MAP OF THE 9 Y depose
HILLS,TEXAS BY REZONING A CITY OF NORTH RICHLAND and say that the attached clipping of
2.26-ACRE TRACT OF PROPER- HILLS,TEXAS BY REZONING A
TY LOCATED AT 8025 VALLEY 2.26-ACRE TRACT OF PROPER- an advertisement was published in
DRIVE FROM AG (AGRICUL- TY LOCATED AT 8025 VALLEY
TURAL) TO R-1-S (SPECIAL DRIVE FROM AG (AGRICUL-. the above named paper on the listed
SINGLE-FAMILY); PROVIDING . TURAL) TO R-1-S (SPECIAL
THAT THIS ORDINANCE SHALL SINGLE-FAMILY); PROVIDING dates:
BE CUMULATIVE OF ALL ORDI- THAT THIS ORDINANCE SHALL
NANCES; PROVIDING FOR BE.CUMULATIVE OF ALL ORDI-.
SEVERABILITY; ESTABLISHING NANCES; PROVIDING FOR
A PENALTY; PROVIDING FOR SEVERABILITY; ESTABLISHING
SAVINGS; PROVIDING FOR A PENALTY; PROVIDING FOR
AN
PUBLICATION;DATEPROVIDING SAVINGS;. PROVIDING FOR 2 Insertion(s)
PUBLICATION;AND PROVIDING
Any person, firm or corporation AN EFFECTIVE DATE. Published On:
violating any provision of the
Zoning Ordinance and the zon- AnY.Person,firm or corporation August 30,2018,AU
ing map of the City of North violating any provision of the 9 August 31,2018
Richland Hills as amended here- Zoning Ordinance and the zon-
by shall be deemed guilty of a ing map of the City of North
misdemeanor and upon final Richland H1115 as amended here-
conviction thereof fined in an by shall be deemed guilty of-a x K„c- •"'taY_ ---�
amount not to exceed Two misdemeanor and upon final !.1 JEAN BA.YLOR 1
Thousand Dollars ($2,000.00). conviction thereof fined In an
Each day any such violation t uoiiG,State of Tex5 r.amount not to exceed Twb ,
shall be allowed to continue Thousand Dollars (S2,000.00). ,i31.::,: ' ,I xµre= 10-75-2 t:0
shall constitute a separate vio- Each day any such violation - _
lation and punishable hereunder, shall be allowed to continue r ID 130423„1'2 i
AND IT IS SO ORDAINED, shall constitute-a separate-vie- I '• ^�' < �
lation and punishable hereunder.
PASSED on this 27th day of AND IT IS SO ORDAINED.
August,2018.
CITY OF NORTH RICHLAND HILLS PASSED on this 27th day of
By: /s/Oscar Trevino AugU5L 2018.
Oscar Trevino,Mayor CITY OF NORTH RICHLAND HILLS
ATTEST: 8y: /s/-Oscar Trevino_ ‘i
/s Alicia Richardson t
Ilk
Alicia Richardson,City Secretary Oscar Trevino Mayor (Principal Clerk)
APPROVED AS TO FORM AND ATTEST:
LEGALITY: /s/Alicia Richardson
/s/Maleshia B.McGinnis Alicia Richardson;City Secretary
Maleshia B.McGinnis,At orl rney APPROVED AS TO FORM AND SUBSCRIBED AND SWORN TO
LEGALITY: BEFORE ME,THIS 13th day of
/s/Maleshla B.McGinnis
Maleshla B.McGinnis,A omey September in the year of 2018
Notary Public-Deborah Bay or