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HomeMy WebLinkAboutOrdinance 3596 ORDINANCE NO. 3596 ZONING CASE ZC 2019-10 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 1.29-ACRE TRACT OF LAND LOCATED AT 6809 CRANE 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 the Vision2030 Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision2030 Land Use Plan map provides guidance for future development in conformance with the adopted Vision2030 Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.29 acres of land located at 6809 Crane 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 August 15, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on August 26, 2019, with respect to the zoning change described herein; and Ordinance No. 3596 ZC 2019-10 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) 1.773 acres of property described as Tract 8D, Tandy K Martin Survey, Abstract 1055, commonly referred to as 6809 Crane 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 (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. 3596 ZC 2019-10 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 26th day of August, 2019. CITY OF NORT RICHL HILLS By: Oscar Trevino, yor ATTEST: `\`�``u�uUlnlnrrpq�i�„ ` Lo • Alicia Richardson, `O.Secr ry° VO Ordinance No. 3596 ZC 2019-10 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: uvria&ca, Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Co stock, Planning Director Ordinance No. 3596 ZC 2019-10 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3596—Page 1 of 1 Zoning Case ZC 2019-10 Tract 8D,Tandy K Martin Survey,Abstract 1055 6809 Crane Road, North Richland Hills,Texas All that certain 1.290 acres of land,described in the deed to Linda F Burket,recorded in Document Number D219137165, in the Public Records of Torrent County,Texas(P.R.T.C.T.), in the T. Martin Survey,A-1055, City of North Richland Hills,Tarrant County,Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone.) BEGINNING at a railroad spike found for the southeast corner of the herein described tract, common to the southwest corner of Right-of-Way Parcel 13, recorded in Document Number D202013189, P.R.T.C.T., the northwest corner of Right-of-Way Parcel 12, recorded in Document Number D201270346, P.R.T.C.T., and in the north line of Lot 1R,Block 1,Coulson Addition,recorded in Volume 388-109,Page 26,P.R.T.C.T., in the west right-of-way line of Crane Road (variable width right-of-way), from which a 1/2-inch iron rod with a cap stamped'Landes&Assoc."found for the southwest corner of Right-of-Way Parcel 11,recorded in Document Number D201283601, P.R.T.C.T. bears South 00 degrees 28 minutes 48 seconds West - 152.21 feet; THENCE South 89 degrees 21 minutes 01 seconds West-201.70 feet along the north line of said Lot 1R, Block 1,Coulson Addition,to a 34-inch iron rod set for the southwest corner of the herein described tract; THENCE North 02 degrees 26 minutes 59 seconds West passing at a distance of 57.12 feet a 3z-inch iron rod found for the northernmost northeast corner of said Lot 1R, Block 1, Coulson Addition, and the southeast corner of Lot 2, Block 1, Coulson Addition, recorded in Volume 388-174, Page 82, P.R.T.C.T., continuing for a total distance of 254.02 feet to a 2-inch steel post found at the northwest corner of the herein described tract, common to the southwest corner of the 1.0 acre tract, described in the deed to David &Ginna Sauerwein, recorded in Volume 8317, Page 785, P.R.T.C.T.; THENCE North 79 degrees 25 minutes 32 seconds East-213.74 feet to a power pole found at the northeast corner of the herein described tract,common to the northwest corner of said Right-of-Way Parcel 13,and the southwest corner of Right-of-Way Parcel 14, recorded in Document Number D202265596, P.R.T.C.T., in the west right-of-way line of said Crane Road, from which a 3z-inch iron rod with a cap found for the northwest corner of said Right-of-Way Parcel 14 bears North 00 degrees 28 minutes 48 seconds West - 197.48 feet(called 196.35 feet); THENCE South 00 degrees 28 minutes 48 seconds East—290.73 feet along the west right-of-way line of said Crane Rood to the POINT OF BEGINNING and containing 1.290 acres of land. 1 Star-Telegram `' MEDIA Arlington Citizen-Journal 1 The Keller Citizen 1 La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast'Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification Amount Cols Depth 600579 0004359352 CITY OF NORTH RICHLAND HILLSORDINANC Ordinances 3596 $87.32 I 1 49.00 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 RODELA, Bid and Legal Coordinator ORDINANCE NO.3596 g AN ORDINANCE OF THE CITY OF for the Star-Telegram,published b NORTH RICHLAND HILLS, g p by TEXAS AMENDING THE ZON- the Star-Telegram, Inc. at Fort Worth, ING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS in Tarrant County,Texas;and who, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND after being duly sworn, did depose HILLS,TEXAS BY REZONING A 1.29-ACRE TRACT OF LAND LO- and say that the attached clipping of CATED AT 6809 CRANE ROAD an advertisement was FROM AG(AGRICULTURAL)TO published in R-1 (SINGLE-FAMILY RESIDEN- the above named a er on the listed TIAL); PROVIDING THAT THIS p p ORDINANCE SHALL BE CUMU- dates: LATIVE OF ALL ORDINANCES; - PROVIDING FOR CITY OF NORTH RICHLAND HILLS SEVERABILITY; ESTABLISHING ORDINANCE NO.3596 A PENALTY; PROVIDING FOR AN ORDINANCE OF THE CITY OF SAVINGS; PROVIDING FOR NORTH RICHLAND HILLS, PUBLICATION;AND PROVIDING TEXAS AMENDING THE ZON- AN EFFECTIVE DATE. ING ORDINANCE OF THE CITY 2 Insertion(s) Any person,firm or corporation vi- OF NORTH RICHLAND HILLS, olating any provision of the Zon- AND THE ZONING MAP OF THE ing Ordinance and the zoning CITY OF NORTH RICHLAND Published On: map of the City of North Rich- HILLS,TEXAS BY REZONING A land Hills as amended hereby 1.29-ACRE TRACT OF LAND LO August 29,2019,August 30,2019 shall be deemed guilty of a mis- demeanor and upon final convic- CATED AT 6809 CRANE ROAD tion thereof fined in an amount FROM AG(AGRICULTURAL)TO not to exceed Two Thousand R-1 (SINGLE-FAMILY RESIDEN- Dollars (52,000.00). Each day TIAL); PROVIDING THAT THIS any such violation shall be al- ORDINANCE SHALL BE CUMU- lowed to continue shall consti- LATIVE OF ALL ORDINANCES; tute a separate violation and PROVIDING FOR punishable hereunder. SEVERABILITY; ESTABLISHING PASSED AND APPROVED on this A PENALTY; PROVIDING FOR 26th day of August,2019. SAVINGS; PROVIDING FOR CITY OF NORTH RICHLAND HILLS PUBLICATION;AND PROVIDING By:Js/Oscar Trevino AN EFFECTIVE DATE. Mayor Any person,firm or corporation vi- ATTEST: olating any provision of the Zon- /s/Alicia Richardson ing Ordinance and the zoning City Secretary map of the City of North Rich- APPROVED AS TO FORM AND LE- land Hills as amended hereby GALITY: shall be deemed guilty of a mis- /s/Maleshia B.McGinnis demeanor and upon final convic- z City Attorney tion thereof fined in an amount not to exceed Two Thousand (Principal Clerk) Dollars ($2,000.00). Each day any such violation shall be al- lowed to continue shall consti- SUBSCRIBED AND SWORN TO �.,,.Y.,. tute a separate violation and t punishable hereunder. BEFORE ME,THIS 30th day of ;=o!'PY``° .; AM BAR LIZARRAGA PASSED 6th day AND APPROVED 19on this August in the year of 2019 =a .: My Notary ID#132031291 CITY OF NORTH RICHLAND HILLS :.1-. :.:? By:Js/Oscar Trevino '''•F of +_ Expires May 30,2023 Mayor ATTEST: /s/Alicia Richardson ()Ai I • City Secretary , APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis City Attorney Notary Public- Extra charge for lost or duplicate affidavits. Legal document please do not destroy!