HomeMy WebLinkAboutOrdinance 3558 ORDINANCE NO. 3558
ZONING CASE ZC 2018-26
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 0.959-ACRE TRACT
OF LAND LOCATED AT 8625 RUMFIELD ROAD FROM
AG (AGRICULTURAL) 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 0.959 acres of land
located at 8625 Rumfield Road (the "Property") has filed an application to
rezone the Property from its present classification of AG (Agricultural) 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 December 20, 2018, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on January 14,
2019, with respect to the zoning change described herein; and
Ordinance No. 3558
ZC 2018-26
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 (Single-Family
Residential) 0.959 acres of property described as Tracts 14A and 14E,
Stephen Richardson Survey, Abstract 1266, commonly referred to as 8625
Rumfield 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 Director 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
Ordinance No. 3558
ZC 2018-26
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 14th day of January, 2019.
CITY OF NORTH 'ICHLAND HILLS
By: d,�,�
Sscar Wvino, Mayor
Ordinance No. 3558
ZC 2018-26
Page 3 of 4
ATTEST:
Alicia Richardso `;.City Sectary.;
APPROVED AS TO FORM AND LEGALITY:
aleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
ice!
Clayton Co lock, Planning Director
Ordinance No. 3558
ZC 2018-26
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3558—Page 1 of 1
Zoning Case ZC 2018-26
Tracts 14A and 14E,Stephen Richardson Survey,Abstract 1266
8625 Rumfield Road, North Richland Hills,Texas
WHEREAS Luke Steinbrink and Aubrey Steinbrink are the sole owners of a tract of land
situated in the Stephen Richardson Survey,Abstract No. 1266, City of North Richland Hills,
Tarrant County, Texas, and being all of a tract of land conveyed to Luke Steinbrink and
Aubrey Steinbrink by General Warranty Deed recorded in Instrument Number
D218128623, Official Public Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found for corner, said corner being the southwest
corner of a tract of land conveyed to Amber Lynn Helzer in deed recorded in Instrument
Number D216262411, Official Public Records, Tarrant County, Texas, same being the
north right-of-way line of Rumfield Road (County Road #3050) (a variable width right-of-
way);
THENCE North 89 degrees 35 minutes 43 seconds East, along the north right-of-way line
of said Rumfield Road (County Road #3050), a distance of 125.00 feet to al/2-inch iron rod
with a plastic yellow cap stamped "CBG Surveying" set for corner; said corner being the
north right-of-way line of said Rumfield Road (County Road #3050), same being the
southeast corner of a tract of land conveyed to Joe D. Potts and Marquieta Potts in deed
recorded in Volume 5305, Page 630, Deed Records,Tarrant County,Texas;
THENCE North 00 degrees 16 minutes 23 seconds West, along the east line of said Joe D.
Potts and Marquieta Potts tract, a distance of 333.76 feet to a 'A-inch iron rod with a
plastic yellow cap stamped "CBG Surveying" set for corner; said corner being the
northeast corner of said Joe D. Potts and Marquieta Potts tract; same being on the south
line of Lot 9, Block 2,of the Meadowview Estates Addition, an addition to the City of North
Richland Hills, Texas, according to the plat thereof recorded in Volume 388-99, Page 59,
Deed Records, Tarrant County, Texas;
THENCE North 89 degrees 20 minutes 13 seconds East, along the south line of said Lot 9,
passing by a distance of 74.93 feet by a %-inch iron rod found for witness, said corner
being in the southeast corner of said Lot 9, being in the southwest corner of Lot 10, Block
2, of said Meadowview Estates Addition, and also being in the southwest corner of Lot
11, Block 2, of said Meadowview Estates Addition, continuing along the south line of said
Lot 11 for a total distance of 125.00 feet to a %-inch iron rod with a plastic yellow cap
stamped "CBG Surveying" set for corner, said corner being in the south line of said Lot 11,
and also being in the northwest corner of said Amber Lynn Helzer tract;
THENCE South 00 degrees 16 minutes 23 seconds East, along the east line of said Amber
Lynn Helzer tract, a distance of 334.32 feet to the POINT OF BEGINNING and containing
41,754 square feet or 0.959 acres of land.
1
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO 1 Amount Cols Depth
600579 0004044681 CITY OF NORTH RICHLAND HILLS ORDINANC ORD 3558 392.36 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. 3558 ORDINANCE NO.3558 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 9
OF NORTH RICHLAND HILLS, OF NORTH RICHLAND HILLS, in Tarrant County,Texas; and who,
AND THE ZONING MAP OF THE AND THE ZONING MAP OF THE
CITY OF NORTH RICHLAND CITY OF NORTH RICHLAND after being duly sworn. did depose
HILLS, TEXAS BY REZONING A HILLS,TEXAS BY REZONING A
0.959-ACRE TRACT OF LAND 0.959-ACRE TRACT OF LAND and say that the attached clipping of
LOCATED AT 8625 RUMFIELD LOCATED AT 8625 RUMFIELD
ROAD FROM AG (AGRICULTUR- ROAD FROM AG(AGRICULTUR- an advertisement was published in
AL) TO R-1 (SINGLE-FAMILY AL) TO R-1 (SINGLE-FAMILY
RESIDENTIAL); PROVIDING RESIDENTIAL); PROVIDING the above named paper on the listed
THAT THIS ORDINANCE SHALL THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDI- BE CUMULATIVE OF ALL ORDI-
NANCES; PROVIDING FOR NANCES; PROVIDING FOR
SEVERABILITY; ESTABLISHING
A PENALTY; PROVIDING FOR SEVERABILITY; ESTABLISHING
SAVINGS; PROVIDING FOR A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING SAVINGS; PROVIDING FOR
AN EFFECTIVE DATE. PUBLICATION;AND PROVIDING
AN EFFECTIVE DATE. 2 Insertion(s)
Any person, firm or corporat:v', vi-
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 January 17,2019,January 18,2019
land Hills as amended hereby map of the City of North Rich-
shall be deemed guilty of a mis- land Hills as amended hereby
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 (92,000.00). Each day not to exceed Two Thousand
any such violation shall be al- Dollars ($2,000.00). Each day otuui// SHERRY LYNN HOUK
lowed to continue shall consti- any such violation shall be al- _•;>r`Y Pc,e'.
tute a separate violation and lowed to continue shall consti- =i.r 1-,;Notary Public,State of Texas
punishable hereunder. tute a separate violation and
AND IT IS SO ORDAINED. '. •"" Comm. Expires 05-30-2022
PASSED AND APPROVED on this punishable hereunder. 91..•,• •}•
14th day of January, 2019. AND IT IS SO ORDAINED. ''i,/��•t `` Notary ID 131585836
CITY OF NORTH RICHLAND HILLS PASSED AND APPROVED on this
By: /s/Oscar Trevino 14th day of January,2019. •
Oscar Trevino,Mayor 1 CITY OF NORTH RICHLAND HILLS
ATTEST: By: Js/Oscar Trevino
/s/ Alicia Oscar Trevino,Mayor
Richardson ATTEST:
Alicia Richardson,City Secretary /s/ Alicia C N_Q -4)C -- 6
APPROVED AS TO FORM AND LE-
GALITY: Richardson
/s/Maleshia B. McGinnis Alicia Richardson,City Secretary (Principal Clerk)
Maleshia B. McGinnis, Attorney APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,Attorney SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 18th day of
January in the year of 2019
/
k1� /i III or
Notary Public-
,