HomeMy WebLinkAboutOrdinance 3571 ORDINANCE NO. 3571
ZONING CASE ZC 2019-01
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 1.37-ACRE TRACT OF
LAND LOCATED AT 8161 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 1.37 acres of land
located at 8161 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 February 21, 2019, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on March 4,
2019, with respect to the zoning change described herein; and
Ordinance No.3571
ZC 2019-01
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 (Office) 1.37 acres of
property described as a portion of Tracts 5 and 5M, WC Newton Survey,
Abstract 1182; Tracts 8, 8D, and 8H, S Richardson Survey, Abstract 1266;
and Tracts 8 and 8E, T Peck Survey, Abstract 1209; commonly referred to
as 8161 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 Director 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
Ordinance No.3571
ZC 2019-01
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 4th day of March, 2019.
CITY OF ..ORTH - LAND HILLS
I IF
By: r
A
Osca�vu�., 'ayor
``��Lttl11lI nP�lt�lelN/6„,�,
ATTEST: .,��,\-;.. " . ;=,s
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co
Alicia Richardson,=:C,fy.Secr tary..y,
Ordinance No. 3571
�`„✓lU✓✓✓ari 111UtiO•
1
ZC 2019-01
Page 3 of 4
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Coiftock, Plann.- • Director
Ordinance No.3571
ZC 2019-01
Page4of4
Exhibit A— Property Description—Ordinance No. 3571—Page 1 of 1
Zoning Case ZC 2019-01
Portion of:Tracts 5 and 5M,WC Newton Survey,Abstract 1182;Tracts 8,8D,and 8H,
S Richardson Survey,Abstract 1266;and Tracts 8 and 8E,T Peck Survey,Abstract 1209.
8161 Precinct Line Road, North Richland Hills,Texas
Being a tract of land situated in the T. Peck Survey, Abstract No. 1209 and the W. C. Newton Survey,Abstract No.
1182,in Tarrant County,Texas,being a portion of that same tract of land described to Gene E.Ratcliff and wife,Joan
C. Ratcliff by deed recorded in Document No.Volume 8361, Page 99, of the Deed Records of Tarrant County,Texas
(D.R.T.C.T.),and being more particularly described by metes and bounds as follows(Bearings and distances are based
on the State Plane Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD 83)(US
Foot)with a combined scale factor of 1.00012):
COMMENCING at a brass monument found for the southeast corner of Lot 4R,Block 1 of 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 a tract of land conveyed to Don Charles Golightly and Janet Gay Golightly by deed recorded in Document
No. D217094130, D.R.T.C.T. 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 a brass monument found;
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 said Ratcliff
tract,same being the southeast corner of said Golightly tract and the POINT OF BEGINNING of the herein described
tract;
THENCE South 00 degrees 49 minutes 18 seconds East, continuing with the current west right-of-way line of said
Precinct Line Road,a distance of 131.02 feet to a 5/8-inch rebar with a cap stamped"BHB"found for the easternmost
southeast corner of said Ratcliff tract, same being the northeast corner of a tract of land conveyed to Beaten Path
Development-Thornbridge North, LLC by deed recorded in Document No. D217282850, D.R.T.C.T.;
THENCE,departing the current west right-of-way line of said Precinct Line Road,with the north lines of said Beaten
Path Development-Thornbridge, LLC tract,the following courses and distances:
South 89 degrees 28 minutes 37 seconds West,a distance of 178.53 feet to a%-inch rebar with cap stamped
"VOGT 1928"found for corner;
South 00 degrees 33 minutes 02 seconds East,a distance of 31.78 feet to a%-inch rebar with a cap stamped
"VOGT 1928"found for corner;
South 89 degrees 05 minutes 20 seconds West, passing a 5/8-inch rebar with a cap stamped "BHB"found for
reference at a distance of 48.73 feet,then passing another 5/8-inch rebar with a cap stamped "BHB" found
for reference at an additional distance of 145.10 feet an continuing for a total distance of 218.81 feet to a M-
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 Beaten Path Development-
Thornbridge, LLC tract,over, across,and through said Ratcliff tract,a distance of 168.71 feet to a M-inch rebar with
a cap stamped"ASC"set for the northwest corner of the herein described tract,lying on the north line of said Ratcliff
tract,and on the south line of said Golightly tract;
THENCE South 89 Degrees 52 minutes 54 seconds East,with the south line of said Golightly tract,a distance of 395.02
feet to the POINT OF BEGINNING and containing 59,867 square feet or 1.374 acres of land,more or less.
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Star-Telegram 414 MEDIA 1 S '�
Arlington Citizen-Journal!The Keller Citizen I La Estrella 2019
News-Mirror I Star-T 'Drtheast I Weatherford Star-Telegram
star-telegram.com 1 808 Throckmorton St.I Ft Worth.Tx.76102-6315 1 800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0004117512 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3571 $78.92 1 44.00 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
CITY OF NORTH RICHLAND HILLS personally appeared CHRISTINE
ORDINANCE NO. 3571 LOPEZ. Bid and Legal Coordinator
AN ORDINANCE OF THE CITY CITY OF NORTH RICHLAND HILLS r am p
OF NORTH RICHLAND HILLS, ORDINANCE NO.3571 for the Star-Telegram, published b y
TEXAS, AMENDING CHAPTER AN ORDINANCE OF THE CITY the Star-Telegram, Inc. at Fort Worth,
110 AND APPENDIX A, FEE OF NORTH RICHLAND HILLS, 9
SCHEDULE, OF THE NORTH TEXAS, AMENDING CHAPTER in Tarrant County, Texas; and who.
RICHLAND HILLS CODE OF OR- 110 AND APPENDIX A, FEE
DINANCES; AMENDING THE SCHEDULE, OF THE NORTH after being duly sworn, did depose
CAPITAL IMPROVEMENTS RICHLAND HILLS CODE OF OR-
PLAN;AMENDING WATER AND DINANCES; AMENDING THE and say that the attached clipping of
WASTEWATER IMPACT FEES; CAPITAL IMPROVEMENTS
PROVIDING A SEVERABILITY PLAN;AMENDING WATER AND an advertisement was published in
CLAUSE; PROVIDING A SAV- WASTEWATER IMPACT FEES;
INGS CLAUSE;AND PROVIDING PROVIDING A SEVERABILITY the above named paper on the listed
AN EFFECTIVE DATE. CLAUSE; PROVIDING A SAV- dates:
Any person, firm or corporation INGS CLAUSE;AND PROVIDING
violating any provision of the IN
AN EFFECTIVE DATE.
Zoning Ordinance and the zon-
ing map of the City of North person, firm or corporation
Richland Hills as amended here- violating any provision of the
by shall be deemed guilty of a Zoning Ordinance and the zon-
misdemeanor and upon final ing map of the City of North 2
conviction thereof fined in an Richland Hills as amended here-
amount amount not to exceed Two by shall be deemed guilty of a
Thousand Dollars ($2,000.00). misdemeanor and upon final Published On:
Each day any such violation conviction thereof fined in an
shall be allowed to continue amount not to exceed Two March 07. 2019, March 08,2019
shall constitute a separate vio- Thousand Dollars ($2,000.00).
lation and punishable hereunder. Each day any such violation
AND IT IS SO ORDAINED. shall be allowed to continue
PASSED AND APPROVED on shall constitute a separate vio-
this 4th day of March, 2019. lation and punishable hereunder.
CITY OF NORTH RICHLAND AND IT IS SO ORDAINED.
HILLS PASSED AND APPROVED on
By:/s/Oscar Trevino ___ this 4th day of March,2019.
Oscar Trevino,Mayor CITY OF NORTH RICHLAND
ATTEST: HILLS
/s/Alicia Richardson By:/s/Oscar Trevino____
Alicia Richardson, City Secretary Oscar Trevino,Mayor
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
Alicia Richardson Maleshia B. McGinnis Alicia Richardson,City y Maleshia B.McGinnis, Attorney APPROVED AS T O FORM Secretary
AND
LEGALITY:
/s/Maleshia B.McGinnis y� ���
Maleshia B.McGinnis,Attorney ( `�C/►�� Y
ix,Ths
(Principal al Clerk
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 8th day of
March in the year of 2019
.......41-6a...0 °O&M.
Notary Public-
r `.-. LIZBETH AILEEN CORDERO t
.e My Notary ID#131868068 0
''F. z�+- Expi;..s January 25,2023