HomeMy WebLinkAboutOrdinance 3542 ORDINANCE NO. 3542
ZONING CASE ZC 2018-21
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 AN 8.443-ACRE TRACT
OF LAND LOCATED IN THE 8900-9100 BLOCKS OF
MID-CITIES BOULEVARD FROM AG
(AGRICULTURAL) TO C-1 (COMMERCIAL);
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 8.443 acres of land
located in the 8900-9100 blocks of Mid-Cities Boulevard (the "Property")
has filed an application to rezone the Property from its present classification
of AG (Agricultural) to C-1 (Commercial); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 6, 2018, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on September
24, 2018, with respect to the zoning change described herein; and
Ordinance No. 3542
ZC 2018-21
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 C-1 (Commercial) 8.3 acres
of property described as Tract 12G, T.K. Martin Survey, Abstract 1055, 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 C-1 (Commercial) 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,
Ordinance No. 3542
ZC 2018-21
Page 2 of 4
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 24th day of September, 2018.
CITY OF •RTH RI ► HLAND HILLS
By: /92411/'I 1
Oscar Trevino, / .yor
ATTEST: ���„00 jrCHuv,,,%����
Traci Henderson, Assistant ( �Secre terry
Ordinance No. 3542
ZC 2018-21
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
4/65etA3/`/C/-
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton C.stock, Planning Manager
Ordinance No. 3542
ZC 2018-21
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3542—Page 1 of 1
Zoning Case ZC 2018-21
Tract 12G,T.K. Martin Survey,Abstract 1055
8900-9100 blocks Mid-Cities Boulevard, North Richland Hills,Texas
All that certain 8.443 acres of land, out of the 27.4712 acre tract, described in the deed Lucas
F.L.P., Farmers, LTD, recorded in Document Number D204186240 in the Public Records of Tarrant
County,Texas (P.R.T.C.T.), in the T. K. Martin Survey, A-1055, City of North Richland Hills, Tarrant
County, Texas and more particularly described by metes and bounds as follows: (All bearings
shown hereon are based on the Texas Coordinate System of 1983, North Central Zone)
BEGINNING at a TXDOT monument found for the southeast corner of Lot 4, Block C, Brynwyck,
recorded in Document Number D208364504 P.R.T.C.T., in the west line of said 27.4712 acre
tract, in the north right-of-way line of Mid-Cities Boulevard (120-foot R.O.W), and which is the
southwest of the herein described tract;
THENCE North 00 degrees 15 minutes 22 seconds West — along the east line of said Brynwyck,
passing at 180.02 feet a 1/2-inch iron rod with cap stamped "SPRY 5647" found for the northeast
corner of said Lot 4, Block C, Brynwyck, continuing along the east line of Block A, Brynwyck,
recorded in Document Number D21213656 P.R.T.C.T. for a total distance of 333.41 feet to a %-
inch iron rod with a cap stamped "SPRY 5647" set for the northwest corner of the herein
described tract, from which a 1/2-inch iron rod with a cap stamped "LBS 3946" bears North 89
degrees 09 minutes East—0.33 feet;
THENCE North 89 degrees 09 minutes 15 seconds East — 1197.81 feet to a 1/2-inch iron rod with
cap stamped "HORIZON" found for the northeast corner of the herein described tract, common
to the northeast corner of said 27.4712 acre tract and southeast corner of Lot 7, Block 1, of
Parkman Addition, recorded in Volume 388-9, Slide 648, P.R.T.C.T. and in the west line of Lot 1R-
1, Block A, Home Depot Addition, recorded in Doc No. 202210376, P.R.T.C.T.;
THENCE South 00 degrees 29 minutes 41 seconds East — 304.95 feet along the common line of
said 27.4712 acre tract and said Lot 1R-1, Block A, Home Depot Addition, to a 1/2-inch iron rod
with cap stamped "WAI", found for the southwest corner of said Lot 1R-1, Block A, Home Depot
Addition, common to the southeast corner of the herein described tract and in the north right-
of-way of said Mid-Cities Boulevard;
THENCE South 89 degrees 40 minutes 09 seconds West — 530.51 feet along the north right-of-
way line of said Mid-Cities Boulevard to a TXDOT monument found for the beginning of a curve
to the left, having a central angle of 06 degrees 37 minutes 53 seconds, a radius of 5789.58 feet
and a chord bearing and distance of South 86 degrees 18 minutes 38 seconds West—669.71 feet;
THENCE along said curve to the left, continuing along the north right-of-way line of said Mid-
Cities Boulevard, an arc distance of 670.08 feet, to the POINT OF BEGINNING and containing
8.443 acres of land.
Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO I Amount Cols Depth
600579 0003873160 CITY OF NORTH RICHLAND HILLS ORDINANC ORD 3542 $92.36 1 52.00 Li
Attention: 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
CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS personally appeared CHRISTINE
ORDINANCE NO. 3542 ORDINANCE NO.3542 LOPEZ, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY OF AN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, NORTH RICHLAND HILLS, for the Star-Telegram, published by
TEXAS AMENDING THE ZON- TEXAS AMENDING THE ZON
ING ORDINANCE OF THE CITY ING ORDINANCE OF THE CITY the Star-Telegram,Inc.at Fort Worth,
OF NORTH RICHL A HILLS, OF NORTH RICHLAND HILLS, in Tarrant County,Texas;and who,
AND NORTH RICHLAND
THE ZONING AND THE ZONING MAP OF THE
CITY YS, TEXAS BY REZONING CITY OF NORTH RICHLAND after being duly sworn, did depose
AN 8.443-ACRE TRACT OF HILLS, TEXAS BY REZONING and say that the attached clipping of
LAND LOCATED IN THE 8900- AN 8.443-ACRE TRACT OF Y pp 9
9100 BLOCKS OF MID-CITIES LAND LOCATED IN THE 8900- an advertisement was published in
BOULEVARD FROM AG (AGRI- 9100 BLOCKS OF MID-CITIES
CULTURAL) TO C-1 (COMMER- BOULEVARD FROM AG (AGRI- the above named paper on the listed
CIAL); PROVIDING THAT THIS CULTURAL) TO C-1 (COMMER-
ORDINANCE SHALL BE CUMU- CIAL); PROVIDING THAT THIS dates:
LATIVE OF ALL ORDINANCES; ORDINANCE SHALL BE CUMU-
PROVIDING FOR LATIVE OF ALL ORDINANCES;
SEVERABILITY; ESTABLISHING PROVIDING FOR
A PENALTY; PROVIDING FOR SEVERABILITY; ESTABLISHING
SAVINGS; PROVIDING FOR A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING SAVINGS; PROVIDING FOR 2 Insertion(s)
AN EFFECTIVE DATE. PUBLICATION;AND PROVIDING
Any person, firm or corporation vi- AN EFFECTIVE DATE.
olating any provision of the Zon- Any person,firm or corporation vi- Published On:
ing Ordinance and the zoning olating any provision of the Zon-
map of the City of North Rich- ing Ordinance and the zoning September 27,2018,September
land Hills as amended hereby map of the City of North Rich-
shall be deemed guilty of a mis- land Hills as amended hereby 28,2018
demeanor and upon final convic- shall be deemed guilty of a mis-
tion thereof fined in an amount demeanor and upon final convic-
not to exceed Two Thousand tion thereof fined in an amount
Dollars ($2,000.00). Each day not to exceed Two Thousand ,g.,e.,,,,,_,,;�,,,�„m, R,E„ �.,r,�, �.
any such violation shall be al- Dollars ($2,000.00). Each day
lowed to pa a e shat n and any such violation shall be al- r�,,\`"`;ra'e'/., DEBORAH JEAN BAYLOR
tute a separate violation and ,P�;.,�"�•:
punishable hereunder. lowed to continue shall consti _o; n :=�4 Notary Public, State of Texas
AND IT IS SO ORDAINED. tute a separate violation and *-74•,,i�,,,(�
PASSED on this 24th day of Sep- punishable hereunder. , ::V.."z Comm. Expires 10-29-2019
tember,2018. AND IT IS SO ORDAINED. rF••••tF,∎
CITY OF NORTH RICHLAND HILLS PASSED on this 24th day of Sep- %,,°,„aN Notary ID 13042344-2
By: /s/Oscar Trevino tember,2018.
Oscar Trevino,Mayor CITY OF NORTH RICHLAND HILLS
ATTEST: By: /s/Oscar Trevino
/s/Traci Henderson Oscar Trevino,Mayor
Traci Henderson, Assistant City ATTEST:
...N :11 *•_
Secretary /s/Traci Henderson
APPROVED AS TO FORM AND LE- Traci Henderson, tant City
GAL ITY: Secretary
/s/Maleshia B.McGinnis APPROVED AS TO FORM AND LE- (Principal Clerk)
Maleshia B.McGinnis,Attorney GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,Attorney SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 2nd day of
October in the year of 2018
Notary Public-Deborah Bay or