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HomeMy WebLinkAboutOrdinance 3597 ORDINANCE NO. 3597 ZONING CASE ZC 2019-12 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 5.935-ACRE TRACT OF LAND LOCATED AT 9000 KIRK LANE 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 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 5.935 acres of land located at 9000 Kirk Lane (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 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. 3597 ZC 2019-12 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) 5.935 acres of property described as Tracts 15A3, 15A3A, and 15A8, Stephen Richardson Survey, Abstract 1266, commonly referred to as 9000 Kirk Lane, 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. 3597 ZC 2019-12 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 NORTH ICHLAND HILLS: By: , Oscar Trevino, Mayor ATTEST: :0° :... � ,,, a• •�= f "ti : 1.1 Alicia RichardW..City iocreig4 Ordinance No. 3597 i ZC 2019-12 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: L) Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Corns ck, Planning Director Ordinance No. 3597 ZC 2019-12 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3597—Page 1 of 2 Zoning Case ZC 2019-12 Tracts 15A3, 15A3A,and 15A8,Stephen Richardson Survey,Abstract 1266 9000 Kirk Lane, North Richland Hills,Texas WHEREAS James and Lina Pierson are the owners of a 5.935 acre tract of land situated in the Stephen Richardson Survey,Abstract Number 1266,same being a tract of land conveyed to James and Lina Pierson by deed recorded in Volume 6078, Page 805, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch rebar found for the northwest corner of said Pierson tract, same being the southwest corner of Lot 1, Block A, Blue Addition, an addition to the City of North Richland Hills, as recorded in Cabinet A,Slide 12351,Plat Records,Tarrant County,Texas,and lying on the east right-of-way line of Kirk Lane (50 foot right-of-way); THENCE North 89 degrees 52 minutes 24 seconds East departing the east right-of-way of said Kirk Lane, with the south line of said Lot 1,a distance of 244.27 feet to al/2-inch rebar capped"ASC"set for an interior "ell" corner of said Lot 1; THENCE South 66 degrees 23 minutes 12 seconds East with a south line of said Lot 1, a distance of 22.35 feet to a 1/2-inch rebar capped "ASC" set for the northwest corner of a tract of land conveyed to DDJET Limited LLP, 222 Benimar, Houston, Texas 77060, by deed recorded in Instrument Number D20842763, Deed Records, Tarrant County, Texas, same being the southwest corner of Lot 2, Block 1, of said Blue Addition; THENCE the following calls following the west line of said DDJET tract: South 61 degrees 31 minutes 18 seconds West,a distance of 4.61 feet to a%2-inch rebar capped"ASC" set for corner; South 28 degrees 59 minutes 31 seconds East, a distance of 238.92 feet to a %2-inch rebar capped "ASC" set for corner; South 06 degrees 00 minutes 00 seconds East,a distance of 50.97 feet to a 1/2-inch rebar capped"ASC" set for corner; South 28 degrees 58 minutes 03 seconds East, a distance of 404.88 feet to a 1/2-inch rebar capped "ASC" set for corner; THENCE South 28 degrees 08 minutes 42 seconds East with the west line of said DDJET tract, a distance of 21.61 feet to a%2-inch rebar capped "ASC" set for the southwest corner of said DDJET tract and lying on the north right-of-way line of Rumfield Road (60 foot right-of-way) and being the beginning of a curve to the left with a central angle of 09 degrees 46 minutes 07 seconds, a radius of 830.00 feet, and a chord bearing and distance of North 85 degrees 48 minutes 21 seconds West, 141.34 feet; THENCE with said curve to the left, with the north right-of-way line of said Rumfield Road, an arc length of 141.51 feet to a 5/8-inch rebar capped "WW Ward RPLS 2014"found for corner; THENCE South 89 degrees 19 minutes 12 seconds West with the north right-of-way line of said Rumfield Road, a distance of 162.00 feet to a 5/8-inch rebar capped "WW Ward RPLS 2014" found for corner and being the beginning of a curve to the right with a central angle of 02 degrees 00 minutes 00 seconds, a Exhibit A—Property Description—Ordinance No. 3597—Page 2 of 2 Zoning Case ZC 2019-12 Tracts 15A3, 15A3A,and 15A8,Stephen Richardson Survey,Abstract 1266 9000 Kirk Lane, North Richland Hills,Texas radius of 970.00 feet, and a chord bearing and distance of North 89 degrees 40 minutes 48 seconds West, 33.86 feet; THENCE with said curve to the right,with the north right-of-way line of said Rumfield Road, an arc length of 33.86 feet to a 5/8-inch rebar capped "WW Ward RPLS 2014"found for corner; THENCE North 88 degrees 40 minutes 01 seconds West with the north right-of-way line of said Rumfield Road, a distance of 234.12 feet to a 5/8-inch rebar found for the southeast corner of Lot 2, Block 1, Rumfield Addition, an addition to the City of North Richland Hills, as recorded in Instrument Number D203149354, Plat Records,Tarrant County,Texas; THENCE North 01 degrees 34 minutes 09 seconds West departing the north right-of-way line of said Rumfield Road,with the east line of said Lot 2,and continuing with the east line of a tract of land conveyed to Joe R. and Mary A. Flores by deed recorded in Volume 12069, Page 50, Deed Records,Tarrant County, Texas, passing a one-inch rebar found for the northeast corner of said Flores tract, a distance of 590.98 feet and continuing with the east right-of-way line of said Kirk Lane,a total distance of 629.75 feet to the POINT OF BEGINNING and containing 258,546 square feet or 5.935 acres of lane, more or less. Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telogram.com 1 808 Throckmorton St.I Ft Worth,Tx.781024315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004359363 CITY OF NORTH RICHLAND HILLSORDINANC Ordinance 3597 $87.32 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 ORDINANCE NO.3597 RODELA, Bid and Legal Coordinator AN ORDINANCE OF THE CITY OF for the Star-Telegram, published by NORTH RICHLAND HILLS, 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 5.935-ACRE TRACT OF LAND and say that the attached clipping of LOCATED AT 9000 KIRK LANE CITY OF NORTH RICHLAND HILLS FROM AG(AGRICULTURAL)TO ORDINANCE NO.3597 an advertisement was published in R-1-S (SPECIAL SINGLE- AN ORDINANCE OF THE CITY OF the above named paper on the listed FAMILY); PROVIDING THAT NORTH RICHLAND HILLS, p p THIS ORDINANCE SHALL BE TEXAS AMENDING THE ZON- dates: CUMULATIVE OF ALL ORDI- ING ORDINANCE OF THE CITY NANCES; PROVIDING FOR OF NORTH RICHLAND HILLS, SEVERABILITY; ESTABLISHING AND THE ZONING MAP OF THE A PENALTY; PROVIDING FOR CITY OF NORTH RICHLAND SAVINGS; PROVIDING FOR HILLS,TEXAS BY REZONING A PUBLICATION;AND PROVIDING 5.935-ACRE TRACT OF LAND AN EFFECTIVE DATE. LOCATED AT 9000 KIRK LANE 2 Any person,firm or corporation vi- FROM AG(AGRICULTURAL)TO Insertion(s) olating any provision of the Zon- R-1-S (SPECIAL SINGLE- ing Ordinance and the zoning FAMILY); PROVIDING THAT Published On: map of the City of North Rich- THIS ORDINANCE SHALL BE land Hills as amended hereby CUMULATIVE OF ALL ORDI- August 29,2019,August 30,2019 shall be deemed guilty of a mis- NANCES; PROVIDING FOR demeanor and upon final convic- tion SEVERABILITY; ESTABLISHING nt thereof exceed ed in an ousant A PENALTY; PROVIDING FOR not to exceed Two Thousand Dollars ($2,000.00). Each day SAVINGS; PROVIDING FOR any such violation shall be al- PUBLICATION; AND PROVIDING lowed to continue shall consti- AN EFFECTIVE DATE. tute a separate violation and Any person,firm or corporation vi- punishable hereunder. plating any provision of the Zon- PASSED AND APPROVED on this ing Ordinance and the zoning 26th day of August,2019. map of the City of North Rich- CITY OF NORTH RICHLAND HILLS "" By:Js/Oscar Trevino land Hills as amended hereby Mayor shall be deemed guilty of a mis- ATTEST: demeanor and upon final convic- /s/Alicia Richardson tion thereof fined in an amount City Secretary not to exceed Two Thousand APPROVED AS TO FORM AND LE- Dollars ($2,000.00). Each day GALITY: any such violation shall be al- /s/Maleshia B.McGinnis lowed to continue shall consti- City Attorney tute a separate violation and /�/ punishable hereunder. PASSED AND APPROVED on this (Principal P Clerk) 26th day of August,2019. CITY OF NORTH RICHLAND HILLS SUBSCRIBED AND SWORN TO By:Js/Oscar Trevino Mayor BEFORE ME,THIS 30th day of ATTEST: /s/Alicia Richardson August in the year of 2019 - City Secretary APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis City Attorney / /� ^ j , \ /t\V/ \V/ PY-` AMBAR LIZARRAGA Notary Public- I� :•= My Notary ID#132031291 =9rE•...•'Z.1•: Expires May 30,2023 �Ft Extra charge for lost or duplicate affidavits. Legal document please do not destroy!