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HomeMy WebLinkAboutOrdinance 3590 ORDINANCE NO. 3590 ZONING CASE ZC 2019-06 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 1.773-ACRE TRACT OF LAND LOCATED AT 7409 BURSEY ROAD FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE- FAMILY); 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 1.773 acres of land located at 7409 Bursey Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 1-S (Special Single-Family); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 20, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on July 8, 2019, with respect to the zoning change described herein; and Ordinance No. 3590 ZC 2019-06 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-S (Special Single- Family) 1.773 acres of property described as Tract 1B1, John Condra Survey, Abstract 310, and Tract 1B4, Stephen Richardson Survey, Abstract 1266, commonly referred to as 7409 Bursey Road, as described and shown 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-S (Special Single-Family) 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. 3590 ZC 2019-06 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 this 8th day of July, 2019. CITY OF NORTH R,ICHLAND HILLS r. ( /" By: Oscar Tr in , Mayor ATTEST: It)41 Alicia Richardson, City Secretary Ordinance No. 3590 ZC 2019-06 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: WW4 IIC/II'a'eshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: (Y/ Clayton Comstock, Planning Director Ordinance No. 3590 ZC 2019-06 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3590— Page 1 of 1 Zoning Case ZC 2019-06 Tract 1B1,John Condra Survey,Abstract 310 Tract 1B4,Stephen Richardson Survey,Abstract 1266 7409 Bursey Road, North Richland Hills,Texas Being all that certain lot, tract, or parcel of land located in the STEPHEN RICHARDSON SURVEY, Abstract 1266, Tarrant County, Texas, and the JOHN CONDRA SURVEY, Abstract 310, Tarrant County, Texas, and being Lot 8, Block B, of Green Valley Country Estates, an unrecorded addition in Tarrant County, Texas, same being a part of a tract of land as described in deed to H. M. Howe and Ines Howe, recorded in Volume 3579, Page 166, Deed Records,Tarrant County,Texas,and being more particularly described as follows; BEGINNING at a 1/2-inch iron rod found at the Northeast corner of a right-of-way tract as described in deed to the City of North Richland Hills, recorded in Volume 10307, Page 181, Deed Records, Tarrant, County, Texas, same being the present North line of Bursey Road, a variable width public right-of-way, and being in the West line of Fair Oaks Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-181, Page 96, Plat Records, Tarrant County, Texas; THENCE North 74 degrees 27 minutes 43 seconds West, along the North line of said City of North Richland Hills tract and the North line of said Bursey Road,a distance of 48.81 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner at the beginning of a curve to the left, having a central angle of 14 degrees 38 minutes 45 seconds, a radius of 810.00 feet, and a chord bearing and distance of North 81 degrees 47 minutes 05 seconds West, 206.49 feet; THENCE Westerly, along said curve to the left, continuing along the North line of said City of North Richland Hills tract and the North line of said Bursey Road, a distance of 207.05 feet to a 1/2-inch iron rod found at the Northwest corner of said City of North Richland Hills tract,and being in the East line of a tract of land as described in deed to Gary P. Hogman,Sr.,recorded in Document No. D206322086,Official Public Records,Tarrant County,Texas; THENCE North 00 degrees 10 minutes 32 seconds West, a distance of 293.37 feet to 1/2-inch iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner,set the Northeast corner of said Gary P. Hogman, Sr. tract, and being in the South line of a tract of land as described in deed to George R. Brooks, Nadine Brooks, recorded in Volume 4740, Page 67, Deed Records,Tarrant County,Texas; THENCE South 89 degrees 53 minutes 39 seconds East,a distance of 249.90 feet to a 1/2-inch iron rod found at the Southeast corner of said Brooks tract, and being said West line of Fair Oaks Addition; THENCE South 00 degrees 24 minutes 31 seconds East, along said West line, a distance of 335.50 feet to the PLACE OF BEGINNING and containing 77,222 square feet or 1.773 acres of land. Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield NP`'-• Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Death 600579 0004294707 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3590 $89.00 1 50.00 Li Attention: Traci Henderson, TRMC 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 VICTORIA CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS ORDINANCE NO.3590 ORDINANCE NO.3590 RODELA, Bid and Legal Coordinator AN ORDINANCE OF THE CITY AN ORDINANCE OF THE CITY for the Star-Telegram, published by OF NORTH RICHLAND HILLS, OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZON- TEXAS AMENDING THE ZON- the Star-Telegram, Inc. at Fort Worth, ING ORDINANCE LA OF THE CITY ING ORDINANCE OF THE CITY AND NORTH HE RICG MAP HILLS, in Tarrant County, RICHLAND AND NHETZONING LMAP OFITHE s,sworn,did o e. HILLS,TEXAS BY REZONING A CITY OF NORTH RICHLAND after being duly sworn,did depose 1.773-ACRE TRACT OF LAND HILLS,TEXAS BY REZONING A and say that the attached clipping of LOCATED AT 7409 BURSEY 1.773-ACRE TRACT OF LAND ROAD FROM AG(AGRICULTUR- LOCATED AT 7409 BURSEY an advertisement was published in AL) TO R-1-S (SPECIAL ROAD FROM AG(AGRICULTUR the above named SINGLE-FAMILY); PROVIDING AL) TO R-1-S (SPECIAL paper on the listed THAT THIS ORDINANCE SHALL SINGLE-FAMILY); PROVIDING dates: BE CUMULATIVE OF ALL ORDI- THAT THIS ORDINANCE SHALL NANCES; PROVIDING FOR BE CUMULATIVE OF ALL ORDI- SEVERABILITY; ESTABLISHING NANCES; PROVIDING FOR 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 Any person,firm or corporation AN EFFECTIVE DATE. 2 Insertion(s) violating any provision of the Any person, firm or corporation Zoning Ordinance and the zon- violating any provision of the Published On: ing map Hills the City of North Zoning Ordinance and the zon- by be d e amended here- July 11,2019,July 12,2019 by shall be deemed guilty of a ing map of the City of North y y misdemeanor and upon final Richland Hills as amended here- conviction thereof fined in an by shall be deemed guilty of a amount not to exceed Two misdemeanor and upon final Thousand Dollars ($2,000.00). conviction thereof fined in an Each day any such violation amount not to exceed Two shall be allowed to continue Thousand Dollars ($2,000.00). shall constitute a separate via- Each day any such violation lation and punishable hereunder. shall be allowed to continue PASSED AND APPROVED on shall constitute a separate vio- this 8th day of July,2019. lation and punishable hereunder. CITY OF NORTH RICHLAND PASSED AND APPROVED on HILLS this 8th day of July,2019. By:/s/Oscar Trevino CITY OF NORTH RICHLAND Mayor HILLS ATTEST: By:/s/Oscar Trevino_ _ /s/Alicia Richardson Mayor City Secretary ATTEST: APPROVED AS TO FORM AND LEGALITY: /s/Alicia Richardson 41/0� A V /s/Maleshia B.McGinnis City Secretary City Attorney APPROVED AS TO FORM AND LEGALITY: (Principal Clerk) /s/Maleshia B.McGinnis ___ City Attorney SUBSCRIBED AND SWORN TO BEFORE ME,THIS 12th day of my in the year of 2019 \ 1 Lo.■ I Iiii 01(-J Pub i - .;;":"* i4;;;• AMANDA DAWN GRISHAM '• : J— '*: My Notary ID#132031326 �� May 30,2023 '';; += Expires Ma , �'.EOF�`'� . Extra charge for lost or duplicate affidavits. Legal document please do not destroy!