HomeMy WebLinkAboutOrdinance 3556 ORDINANCE NO. 3556
ZONING CASE ZC 2018-25
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 0.7495-ACRE TRACT
OF LAND LOCATED AT 8708 AMUNDSON DRIVE
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 0.7495 acres of land
located at 8708 Amundson Drive (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. 3556
ZC 2018-25
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) 0.7495 acres of property described as Tract 2D, T.K. Martin
Survey, Abstract 1055, commonly referred to as 8708 Amundson Drive, 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 No. 3556
ZC 2018-25
Page 2 of 4
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,
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 this 11th day of February, 2019.
CITY OF N c 'TH RI j ND HILLS
By:
Oscar rno, Mayor
Ordinance No. 3556
ZC 2018-25
Page 3 of 4
ATTEST:
LU6 V( 1)-)2 .1:-
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
A&<kil ' r
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
/..AEN1
Clayton Co • - ock, Planning Director
Ordinance No. 3556
ZC 2018-25
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3556—Page 1 of 1
Zoning Case ZC 2018-25
Tract 2D,TK Martin Survey,Abstract 1055
8708 Amundson Drive, North Richland Hills,Texas
BEING a tract of land situated in the City of North Richland Hills,Tarrant County,Texas, said tract
being in the Tandy K. Martin Survey, Abstract No. 1055, said tract being all of that called 0.75
acre tract of land described in a warranty deed from M. Diaz Investments LLC to Y&M Investments
LLC dated December 12, 2015, recorded as Instrument Number D215278074, Deed Records,
Tarrant County, Texas, said tract being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8-inch iron rod found (Control Monument) at the southeast corner of said
0.75-acre tract said point being at the southwest corner of a tract of land described in a Warranty
Deed with Vendor's Lien from Jimmy Max Wilson and Darlene Wilson to Paul W. Gorbet recorded
as Instrument Number D199190781, Deed Records, Tarrant County, Texas, said point being in
the north line of Lot 1, Bock 1, Schwab Addition, an addition to the City of North Richland Hills,
Texas, according to the plat thereof filed as Instrument Number D198262790, Map Records,
Tarrant County, Texas;
THENCE North 89 degrees 44 minutes 01 seconds West (Bearing Basis) along the south line of
said 0.75-acre tract and the north line of said Lot 1, Block 1, Schwab Addition, passing at 119.10
feet (Schwab Addition plat calls 117.81 feet) an established point from which a 1/2-inch iron rod
found bears South 57 degrees 51 minutes 57 seconds West a distance of 0.48 feet, said point
being the northwest corner of said Lot 1, Block 1,Schwab Addition, said point being the northeast
corner of Lot 1, Block 1, Creekside Estates, an addition to the City of North Richland Hills,Tarrant
County, Texas according to the plat thereof filed as Instrument Number D207302585, Map
Records, Tarrant County, Texas, continuing along the south line of said 0.75-acre tract with the
north line of said Lot 1, Block 1, Creekside Estates, past the northwest corner of said Lot 1, Block
1, Creekside Estates, a total distance of 327.50 feet to a 1/2-inch iron rod set with yellow plastic
cap stamped "Ce-Tex 2466" for corner (Control Monument) at the west corner of said 0.75-acre
tract, said point being at the southeast corner of the intersection of said Simmons Road (a
variable width right of way) and Amundson Drive (right of way with width of 58.50 feet called by
said Y& M deed);
THENCE North 53 degrees 25 minutes 49 seconds East along the north line of said 0.75 acre tract
and the south line of said Amundson Drive a distance of 332.56 feet to a 1/2-inch iron rod set with
yellow plastic cap stamped "Ce-Tex 2466" for corner at the northeast corner of said 0.75-acre
tract, said point being at the northwest corner of said Gorbet tract;
THENCE South 16 degrees 50 minutes 00 seconds East along the common line between said
Gorbet tract and said 0.75-acre tract a distance of 208.60 feet to the POINT OF BEGINNING and
containing 32,649 square feet or 0.7495 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-Tel,
star-telegram.com 1 808 Throckmorton St.1 Ft Worth,Tx.761024315 1 800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0004085349 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3556 $92.36 1 52.00 Li
Attention: TRACI HENDERSON 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. 3556 LOPEZ, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY OF CITY OF NORTH RICHLAND HILLS I
NORTH RICHLAND HILLS, ORDINANCE NO.3556 for the Star-Telegram, published by
TEXAS AMENDING THE ZON- AN ORDINANCE OF THE CITY OF
ING ORDINANCE OF THE CITY NORTH RICHLAND HILLS, the Star-Telegram, Inc.at Fort Worth,
OF NORTH ZONING MAP OF ING AMENDING CITY O
AND THE 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
0.7495-ACRE TRACT OF LAND CITY OF NORTH RICHLAND and say that the attached clipping of
LOCATED AT 8708 AMUNDSON HILLS,TEXAS BY REZONING A
DRIVE FROM AG (AGRICUL- 0.7495-ACRE TRACT OF LAND an advertisement was published in
TURAL) TO R-1 (SINGLE- LOCATED AT 8708 AMUNDSON
FAMILY RESIDENTIAL); PRO- DRIVE FROM AG (AGRICUL- the above named paper On the listed
VIDING THAT THIS ORDINANCE TURAL) TO R-1 (SINGLE-
SHALL BE CUMULATIVE OF ALL FAMILY RESIDENTIAL); PRO-
ORDINANCES; dates:
PROVIDING FOR VIDING THAT THIS ORDINANCE
SEVERABILITY; ESTABLISHING SHALL BE CUMULATIVE OF ALL
A PENALTY; PROVIDING FOR
ORDINANCES; PROVIDING FOR
SAVINGS; PROVIDING FOR ORDINANCES; ESTABLISHING
PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE. A PENALTY; PROVIDING FOR 2
Any person, firm or corporation vi- SAVINGS; PROVIDING FOR Insertion(s)
olating any provision of the Zon- PUBLICATION;AND PROVIDING
ing Ordinance and the zoning AN EFFECTIVE DATE. Published On:
map of the City of North Rich- Any person,firm or corporation vi-
land Hills as amended hereby olating any provision of the Zon- February 14,2019,February 15,
shall be deemed guilty of a mis- ing Ordinance and the zoning
demeanor and upon final convic- map of the City of North Rich- 2019
tion thereof fined in an amount land Hills as amended hereby
not to exceed Two Thousand shall be deemed guilty of a mis-
Dollars ($2,000.00). Each day demeanor and upon final convic-
any such violation shall be al- tion thereof fined in an amount
lowed to continue shall consti- not to exceed Two Thousand
tute a separate violation and Dollars ($2,000.00). Each day
punishable hereunder, any such violation shall be al-
AND IT 15 50 ORDAINED. lowed to continue shall consti-
PASSED AND APPROVED on this tute a separate violation and
11th day of February, 2019. punishable hereunder.
CITY OF NORTH RICHLAND HILLS AND IT IS SO ORDAINED.
By:_ /s/ Oscar Trevino Oscar PASSED AND APPROVED on this
Trevino,Mayor
ATTEST: 11th day of February,2019.
/s/ Alicia CITY OF NORTH RICHLAND HILLS
Richardson By:_ Js/ Oscar Trevino_Oscar
Alicia Richardson,City Secretary Trevino,Mayor `
ATTEST:
APPROVED AS TO FORM AND LE- /s/ Alicia
i GALITY: Richardson
/s/Maleshia B.McGinnis Alicia Richardson,City Secretary (Principal Clerk)
Maleshia B.McGinnis,Attorney
APPROVED AS TO FORM AND LE-
GALITY: SUBSCRIBED AND SWORN TO
/5/Maleshia B.McGinnis
Maleshia B.McGinnis,Attorney BEFORE ME,THIS 15th day of
February in the year of 2019
,.\--4: Ct:•
,
Notary Public-
I '"k": LIZBETH AILEEN CORDERO
I, *_
*: - My Notary ID#131868068
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