Loading...
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 Star-Telegram " MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Tel=-'ram Northeast I Weatherford Star-Telegram starteiegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827 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- ,