HomeMy WebLinkAboutOrdinance 3545 ORDINANCE NO. 3545
ZONING CASE ZC 2018-11
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 0.526-ACRE TRACT
OF PROPERTY LOCATED AT 6779 BRITTANY PARK
COURT FROM R-1-S (SPECIAL SINGLE-FAMILY) TO
R-1 (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 0.526 acres of land
located at 6779 Brittany Park Court (the "Property") has filed an application
to rezone the Property from its present classification of R-1-S (Special
Single-Family) to R-1 (Single-Family Residential); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 20, 2018, and the City Council
of the City of North Richland Hills, Texas, held a public hearing on October
8, 2018, with respect to the zoning change described herein; and
Ordinance No. 3545
ZC 2018-11
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 R-1-S (Special Single-Family) to R-1 (Single
Family Residential) 0.562 acres of property described as a portion of Lot 4,
Block 4, Morgan Meadows Addition, commonly referred to as 6779 Brittany
Park Court, 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 (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
decree of any court of competent jurisdiction, such unconstitutionality shall
Ordinance No. 3545
ZC 2018-11
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 8th day of October, 2018.
CITY OF NORTH RICHLAND HILLS
By: (/
Oscar Trevino, Mayor
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ATTEST: ���\``�` R%CHC,q'''%�,,,,
Traci Henderson, Assistant -.Secrefy ,1-cV
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Ordinance No. 3545
ZC 2018-11
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
LAI6stfilda
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
I■
Clayto 'Comstock, D'.ector of Planning
Ordinance No. 3545
ZC 2018-11
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3545—Page 1 of 1
Zoning Case ZC 2018-11
Portion of Lot 4, Block 4, Morgan Meadows Addition
6779 Brittany Park Court, North Richland Hills,Texas
BEING a portion of Lot 4, Block 4, Morgan Meadows Addition, as filed in Cabinet A, Slide 10825,
Plat Records, Tarrant County, Texas (PRTCT) and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the northeast corner of said Lot 4;
Thence South 89 degrees 12 minutes 54 seconds East, with the common line between said Lot 4
and Lots 1R and 3, Block 4, Morgan Meadows Addition, per the plats recorded in Volume 388-
157, Page 10, and Volume 388-13, Page 50, PRTCT, a distance of 392.60 feet to the POINT OF
BEGINNING;
Thence South 89 degrees 12 minutes 54 seconds East, with the said common line between said
Lot 4 and Lots 1R and 3, Block 4, Morgan Meadows Addition, a distance of 186.89 feet to a 5/8-
inch iron rod found for the southeast corner of said Lot 3 on the west line of Meadow Road;
Thence South 00 degrees 32 minutes 32 seconds West, with the west line of Meadow Road, a
distance of 121.93 feet to a 5/8-inch iron rod found for the northeast corner of Lot 1, Block 6,
Morgan Meadows Addition, per the plat recorded in Volume 388-156, Page 92, PRTCT;
Thence North 89 degrees 55 minutes 37 seconds West, a distance of 186.25 feet to a %-inch iron
rod found for the northeast corner of Lot 13, Block 1, Brittany Park Estates, per the plat recorded
in Cabinet A, Slide 2076, PRTCT;
Thence North 00 degrees 15 minutes 28 seconds West, a distance of 123.75 feet to the POINT OF
BEGINNING and containing 22,913 square feet or 0.526 acres of land, more or less.
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0003897241 CITY OF NORTH RICHLAND HILLS ORDINANC ORD NO 3545 $94.04 1 53.00 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
personally appeared CHRISTINE
CITY OF NORTH RICHLAND HILLS
ORDINANCE NO. 3545 LOPEZ, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY OF CITY OF NORTH RICHLAND HILLS b published,ram
for the Star-Telegram,RICHLAND HILLS, ORDINANCE NO.3545 9 P by
' TEXAS AMENDING THE ZON- AN ORDINANCE OF THE CITY OF the Star-Telegram, Inc. at Fort Worth,
ING ORDINANCE OF THE CITY NORTH RICHLAND HILLS,
OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZON- in Tarrant County,Texas;and who,
AND THE ZONING MAP OF THE ING ORDINANCE OF THE CITY
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
0.526-ACRE TRACT OF PROP- CITY OF NORTH RICHLAND and say that the attached clipping of
ERTY LOCATED AT 6779 BRIT- HILLS,TEXAS BY REZONING A
TANY PARK COURT FROM R-1- 0.526-ACRE TRACT OF PROP-
S (SPECIAL SINGLE-FAMILY) ERTY LOCATED AT 6779 BRIT- the above named a er on the listed
TO R-1 (SINGLE-FAMILY RESI- TANY PARK COURT FROM R-1- p P
DENTIAL); PROVIDING THAT S (SPECIAL SINGLE-FAMILY) dates:
THIS ORDINANCE SHALL BE TO R-1 (SINGLE-FAMILY RESI-
CUMULATIVE OF ALL ORDI- TO R-1 ( PROVIDING-FAMIL THAT
' NANCES; PROVIDING FOR THIS ORDINANCE SHALL AT
SEVERABILITY; ESTABLISHING THIS ORDINANCE C ALL SHALL BE
A PENALTY; PROVIDING FOR NANCES; PROVIDING FOR
SAVINGS; PROVIDING FOR
PUBLICATION; AND PROVIDING SEVERABILITY; ESTABLISHING 2 Insertion(s)
AN EFFECTIVE DATE. A PENALTY; PROVIDING FOR
Any person,firm or corporation vi- SAVINGS; PROVIDING FOR
olating any provision of the Zon- PUBLICATION;AND PROVIDING Published On:
ing Ordinance and the zoning AN EFFECTIVE DATE.
map of the City of North Rich- Any person,firm or corporation vi- October 11,2018,October 12,2018
land Hills as amended hereby olating any provision of the Zon-
shall be deemed guilty of a mis- ing Ordinance and the zoning
demeanor and upon final convic- map of the City of North Rich-
tion thereof fined in an amount land Hills as amended hereby r _ v
not to exceed Two Thousand shall be deemed guilty of a mis-
Dollars ($2,000.00). Each day demeanor and upon final convic- ;.‘ DEBORAH JEAN BAYLOR
any such violation shall be al- tion thereof fined in an amount ti -P
lowed to continue shall consti- not to exceed Two Thousand Notary Public, State of Texas,
tute a separate violation and 1
Dollars ($2,000.00). Each day
punishable hereunder. any such violation shall be al- a `m. expires 10-29 2G19 ;r
AND IT IS SO ORDAINED. lowed to continue shall consti-
PASSED on this 8th day of Octo- ary ID 13042344-2 ii
ber,2018. tute a separate violation and
CITY OF NORTH RICHLAND HILLS punishable hereunder.
By: /s/Oscar Trevino AND IT IS SO ORDAINED.
Oscar Trevino,Mayor PASSED on this 8th day of Octo-
ATTEST: ber,2018.
/s/ Traci CITY OF NORTH RICHLAND HILLS
Henderson By:_ Js/Oscar Trevino
Traci Henderson, Assistant City Oscar Trevino,Mayor
Secretary ATTEST: (........ .....Q54:Kr.---)..6
APPROVED AS TO FORM AND LE- /s/ Traci
GALITY: Henderson (Principal Clerk)
/s/Maleshia B.McGinnis ' Traci Henderson, Assistant City
Maleshia B.McGinnis,Attorney Secretary
APPROVED AS TO FORM AND LE- SUBSCRIBED AND SWORN TO
GALITY:
/s/Maleshia B.McGinnis BEFORE ME,THIS 15th day of
Maleshia B.McGinnis,Attorney
October in the year of 2018
L.9 b0 -
Notary Public-Deborah Baylor