HomeMy WebLinkAboutOrdinance 3540 ORDINANCE NO. 3540
ZONING CASE ZC 2018-13
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 1.817-ACRE TRACT
OF LAND LOCATED AT 8165 PRECINCT LINE ROAD
FROM AG (AGRICULTURAL) TO 0-1 (OFFICE);
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 1.817 acres of land
located at 8165 Precinct Line Road (the "Property") has filed an application
to rezone the Property from its present classification of AG (Agricultural) to
0-1 (Office); 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. 3540
ZC 2018-13
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 0-1 (Commercial) 1.817
acres of property described as Tracts 8B, 8C, and A, Thomas Peck Survey,
Abstract 1209, and Tracts 5D and 5F, Stephen Richardson Survey, Abstract
1266, commonly referred to as 8165 Precinct Line Road, 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 0-1 (Office) 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
Ordinance No. 3540
ZC 2018-13
Page 2 of 4
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 24th day of September, 2018.
CITY OF •RTH 'ICHLAND HILLS
By: I �
Oscar Trevino .yor
anR1CH o'''���,,
ATTEST:
n tio
Traci Henderson, Assistant City pretarhj
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..,„„ematottoo
Ordinance No. 3540
ZC 2018-13
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton;.omstock, PI:fining Manager
Ordinance No. 3540
ZC 2018-13
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3540—Page 1 of 1
Zoning Case ZC 2018-13
Tracts 8B,8C,and A,Thomas Peck Survey,Abstract 1209
Tracts 5D and 5F,Stephen Richardson Survey,Abstract 1266
8165 Precinct Line Road, North Richland Hills,Texas
BEGINNING at a brass monument found for the southeast corner of Lot 4R, Block 1, North Tarrant
Marketplace, an addition to the City of North Richland Hills, Tarrant County, Texas, according to
the plat thereof recorded in Document No. D216080757, of the Plat Records of Tarrant County,
Texas (P.R.T.C.T.), same being the northeast corner of said Golightly tract, and lying on the
current west right-of-way line of Precinct Line Road (variable width right-of-way);
Thence South 01 degrees 01 minutes 02 seconds West, with the current west right-of-way line of
said Precinct Line Road, a distance of 121.19 feet to brass monument found for corner;
Thence South 00 degrees 45 minutes 08 seconds East, continuing with the current west right-of-
way line of said Precinct Line Road, a distance of 79.63 feet to an aluminum monument found for
the northeast corner of a tract of land described to Gene E. Ratcliff and wife, Joan C. Ratcliff by
deed recorded in Volume 8361, Page 99, D.R.T.C.T., same being the southeast corner of said
Golightly tract;
Thence North 89 degrees 52 minutes 54 seconds West, departing the current west right-of-way
line of said Precinct Line Road, with the north line of said Ratcliff tract, a distance of 395.02 feet
to a 1/2-inch rebar with a cap stamped "ASC" set for the southwest corner of the herein described
tract;
Thence North 00 degrees 02 minutes 06 seconds East, departing the north line of said Ratcliff
tract, over, across, and through said Golightly tract, a distance of 200.22 feet to a 1/2-inch rebar
with a cap stamped "ASC" set for the northwest corner of the herein described tract, and lying
on the south line of Lot 5R, Block 1 of said North Tarrant Marketplace;
Thence South 89 degrees 57 minutes 54 seconds East, with the south line of said North Tarrant
Marketplace, a distance of 396.00 feet to the Point of Beginning and containing 79,153 square
feet or 1.817 acres of land , more or less.
Star-Th1egrm
EDIA
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.76102-63151800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO 1 Amount Cols Depth
600579 0003873076 CITY OF NORTH RICHLAND HILLS ORDINANC ORD 3540 $90.68 1 51.00 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 personally appeared CHRISTINE
ORDINANCE NO. 3540 CITY OF NORTH RICHLAND HILLS LOPEZ, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY OF ORDINANCE NO.3540 for the Star-Telegram, published b
NORTH RICHLAND HILLS, AN ORDINANCE OF THE CITY OF g P by
TEXAS AMENDING THE ZON- NORTH RICHLAND HILLS, the Star-Telegram,Inc.at Fort Worth,
ING ORDINANCE OF THE CITY g
OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZON-
AND THE ZONING MAP OF THE ING ORDINANCE OF THE CITY in Tarrant County,Texas;and who,
CITY OF NORTH RICHLAND OF NORTH RICHLAND HILLS, after being duly sworn, did depose
HILLS,TEXAS BY REZONING A AND THE ZONING MAP OF THE 9 Y P
1.817-ACRE TRACT OF LAND CITY OF NORTH RICHLAND and say that the attached clipping of
LOCATED AT 8165 PRECINCT HILLS,TEXAS BY REZONING A
LINE ROAD FROM AG (AGRI- 1.817-ACRE TRACT OF LAND an advertisement was published in
CULTURAL) TO 0-1 (OFFICE); LOCATED AT 8165 PRECINCT
PROVIDING THAT THIS ORDI- LINE ROAD FROM AG (AGRI- the above named paper on the listed
NANCE SHALL BE CUMULATIVE CULTURAL) TO 0-1 (OFFICE); dates:
OF ALL ORDINANCES; PROVID- PROVIDING THAT THIS ORDI- dates:
ING FOR SEVERABILITY; ES- NANCE SHALL BE CUMULATIVE
TABLISHING A PENALTY; PRO- OF ALL ORDINANCES;PROVID-
VIDING FOR SAVINGS;PROVID- ING FOR SEVERABILITY; ES-
ING FOR PUBLICATION; AND TABLISHING A PENALTY; PRO-
PROVIDING AN EFFECTIVE VIDING FOR SAVINGS;PROVID-
DATE. ING FOR PUBLICATION; AND 2 Insertion(s)
Any person, firm or corporation vi- PROVIDING AN EFFECTIVE
olating any provision of the Zon- DATE.
ing Ordinance and the zoning Any person,firm or corporation vi- Published On:
map of the City of North Rich- olating any provision of the Zon-
land Hills as amended hereby ing Ordinance and the zoning September 27,2018,September
shall be deemed guilty of a mis- map of the City of North Rich-
demeanor and upon final convic- land Hills as amended hereby 28,2018
tion thereof fined in an amount shall be deemed guilty of a mis-
not to exceed Two Thousand demeanor and upon final convic
any such($violation Each day tion thereof fined in an amount
any suto vintinue shall o ti- not to exceed Two Thousand
lowed to continue shall consti-
tute a separate violation and Dollars ($2,000.00). Each day
punishable hereunder. any such violation shall be al-
AND IT IS SO ORDAINED. lowed.to continue shall consti " DEEORAH JEAN B'aYLQR
PASSED on this 24th day of Sep- tute a separate violation and 4,,,\';',;."�c
tember,2018. punishable hereunder. z-°:• n..Notary State of Texas
CITY OF NORTH RICHLAND HILLS AND IT IS SO ORDAINED. _��: :._� Comm. Expires 10-2)-2019
By: /s/Oscar Trevino PASSED on this 24th day of Sep- :9r•.,•.•},
Oscar Trevino,Mayor tember,2018. ''%' �` Notary ID 13042344 1_�
ATTEST: CITY OF NORTH RICHLAND HILLS _
/s/Traci Henderson By: /s/Oscar Trevino
Traci Henderson, Assistant City Oscar Trevino,Mayor
Secretary ATTEST:
APPROVED AS TO FORM AND LE- /s/Traci Henderson
GALITY: Traci Henderson, Itant City
/s/Maleshia B.McGinnis Secretary
Maleshia B.McGinnis,Attorney APPROVED AS TO FORM AND LE- (Principal Clerk)
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
L