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HomeMy WebLinkAboutOrdinance 3535 DENIED ORDINANCE NO. 3535 ZONING CASE ZC 2018-10 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 5.942-ACRE TRACT OF PROPERTY LOCATED AT 7125 DOUGLAS LANE FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); 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 5.942 acres of land located at 7125 Douglas Lane (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) 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 August 16 and September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 10, 2018, with respect to the zoning change described herein; and Ordinance No. 3535 ZC 2018-10 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-2 (Single Family Residential) 5.942 acres of property described as Tracts 2Z, 2Z1 , 2J, and 2J1, John Condra Survey, Abstract 311, commonly referred to as 7125 Douglas Lane, 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-2 (Single Family 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 Ordinance No. 3535 ZC 2018-10 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 10th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3535 ZC 2018-10 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3535 ZC 2018-10 Page 4 of 4 Exhibit A—Legal Description —Ordinance No. 3535 —Page 1 of 1 All that certain 5.942 acres of land conveyed to Chester G. Christopher and Marcia Christopher by the deeds recorded in Volume 11079, Page 703 and Volume 11658, Page 2009,in the Public Records of Tarrant County, Texas (P.R.T.C.T.) in the John Condra Survey, Abstract 311, 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 Texas Coordinate System of 1983, North Central Zone): BEGINNING at a %:-inch iron rod found for the northwest corner of the Tract 6, Smith Addition, recorded in Volume 388-69, Page 57, P.R.T.C.T.,which is the southwest corner of the herein described tract, in the east line of Block 8,Windcrest, recorded in Volume 388-121, Page 18, P.R.T.C.T.; THENCE North 00 degrees 26 minutes 50 seconds West along the east line of said Block 8, Windcrest, passing at a distance of 114.51 feet a %:-inch iron rod with a cap stamped "LBS 3946" found for the common east corner of Lots 17 and 18 of said Block 8,Windcrest,and continuing for a distance of 315.65 feet(called 316.05 feet)to a%:-inch iron rod with a cap stamped "Spry 5647"set for the northwest corner of the herein described tract; THENCE North 89 degrees 18 minutes 39 seconds East passing at a distance of 158.32 feet a %:-inch iron rod found for the common south corner of Lots 47 and 48, of said Block 8, Windcrest, and continuing for a total distance of 807.52 feet to the northeast corner of the herein described tract, common to the northwest corner of the variable width right-of-way dedication recorded in Document Number D210136452 in the west right-of-way line of Douglas Lane (right-of-way varies); THENCE South 00 degrees 43 minutes 03 seconds East 324.81 feet along the west right-of-way line of said Douglas Lane to an "X" found in a brick column for the southeast corner of the herein described tract common to the southwest corner of the variable width right-of-way dedication recorded in Document Number D210136450 P.R.T.C.T. in the north line of said Tract 6, Smith Addition; THENCE South 89 degrees 57 minutes 33 seconds West 809.07 feet along the north line of said remainder of Tract 6, Smith Addition to the POINT OF BEGINNING and containing 5.942 acres of land.