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HomeMy WebLinkAboutOrdinance 3603 ORDINANCE NO. 3603 ZONING CASE ZC 2018-23 AN ORDINANCE OF THE CITY COUNCIL 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 9.982-ACRE TRACT OF LAND LOCATED AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE FROM AG (AGRICULTURAL) AND R-1-S (SPECIAL SINGLE-FAMILY) TO R-2 (SINGLE-FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; ESTABLISHING A FOR SEVERABILITY; PROVIDING 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 9.982 acres of land located at 7109-7201 Eden Road and 8751 Hightower Drive (the"Property") has filed an application to rezone the Property from its present classification to R-2 (Single-Family of AG (Agricultural) and R-1-S (Special Single-Family) ( g y Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2019, and the City Council of Ordinance No. 3603 ZC 2018-23 Page 1 of 4 the City of North Richland Hills, Texas, held a public hearing on September 23, 2019, with respect to the zoning change described herein; and 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) and R-1-S (Special Single- Family) to R-2 (Single-Family Residential) 9.982 acres of property described as Tracts 4B1 and 4E, JB Edens Survey, Abstract 499, and Lot 1, Block 17, Stoneybrooke Addition, commonly referred to as 7109-7201 Eden Road and 8751 Hightower Drive, 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-2 (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. Ordinance No. 3603 ZC 2018-23 Page 2 of 4 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 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 23rd day of September, 2019. CITY OF RTH HLA D HILLS: By: Oscar Trevino, Ma r Ordinance No. 3603 ZC 2018-23 Page 3 of 4 .b 0001 PI11Nn/uii,,. ATTEST: <.�'°, e ay, , LLe4 3 a I; Alicia Richardson;Eity Seceetary; •�/f!/rTJIJ I tl , 1ii�����,\ APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton omstock, Planning Director Ordinance No. 3603 ZC 2018-23 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3603 Zoning Case ZC 2018-23 Tracts 4B1 and 4E JB Edens Survey,Abstract 499 Lot 1, Block 17,Stoneybrooke Addition 7109-7201 Eden Road and 8751 Hightower Drive, North Richland Hills,Texas WHEREAS Builders Funding MGT, LP and Dennis and Lisa Denson are the owner of all that certain 9.982 acres of land, which is all of Lot 1, Block 17, Stonybrooke Addition, recorded in Cabinet A, Slide 4915, recorded in the Public Records of Tarrant County, Texas (P.R.T.C.T.), a one-acre tract recorded in Document Number D217067196, P.R.T.C.T., and a 4.995-acre tract recorded in Document Number D218060095, P.R.T.C.T.,in the J.B. Edens Survey,A-499,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 south line of the said 4.995-acre tract); BEGINNING at a 5/8-inch iron rod with an aluminum cap found for the southwest corner of the herein described tract, common to the southwest corner of said 4.995-acre tract, in the east line of Block 3, Stoney Ridge, recorded in Cabinet A,Slide 3161, P.R.T.C.T.; THENCE North 00 degrees 05 minutes 25 seconds East passing at a distance of 13.87 feet a 1/2-iron rod with a cap stamped "MOAK" found for the northeast corner of Lot 4, of said Block 3, Stoney Ridge,then passing at a distance of 229.49 feet al/2-inch iron rod with a cap stamped"MOAK"found for the northeast corner of Lot 1, of said Block 3, Stoney Ridge, in the south right-of-way line of Hightower Drive (68 foot right-of-way),then passing at a distance of 297.99 feet a 5/8-inch iron rod with a cap stamped "DOWDY" found for the southeast corner of Lot 29, Block 15,Stoneybrooke Addition, recorded in Volume 388-164, Page 37, P.R.T.C.T., in the north right-of-way line of said Hightower Drive, continuing for a total distance of 489.67 feet to the northwest corner of the herein described tract; THENCE North 89 degrees 03 minutes 32 seconds East—887.38 feet to the northeast corner of the herein described tract,common to the northeast corner of said one acre tract, in the centerline of Eden Road; THENCE along the centerline of said Eden Road the following courses: South 00 degrees 00 minutes 55 seconds East — 151.81 feet (called 152.00 feet) to the southeast corner of said one acre tract; South 00 degrees 04 minutes 41 seconds East—99.39 feet to the northeast corner of said 4.995 acre tract; South 00 degrees 15 minutes 21 seconds West — 245.05 feet (called 245.28 feet) to the southeast corner of the herein described tract, common to the southeast corner of said 4.995 acre tract and a five acre tract conveyed to John and Nona Durant, recorded in Volume 4045, Page 628, P.R.T.C.T.; THENCE South 89 degrees 05 minutes 44 seconds West passing at a distance of 21.63 feet al/2-inch iron rod found in the west right-of-way line of said Eden Road, continuing for a total distance of 887.21 feet (called 887.29 feet)to the POINT OF BEGINNING and containing 9.982 acres of land. Star-Telegram MEDIA Arlington Citizen-Journal 1 The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.8315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount . Cols Deoth 600579 0004394967 CITY OF NORTH RICHLAND HILLSORDINANCE ORDINANCE NO.3603 $95.72 1 54.00 Li Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 1 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State,this day personally appeared VICTORAI CITY OF NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE NO.3603 g AN ORDINANCE OF THE CITY for the Star-Telegram,published by COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, the Star-Telegram, Inc. at Fort Worth, TEXAS AMENDING THE ZON- ING ORDINANCE OF THE CITY in Tarrant County,Texas;and who, OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE ' CITY OF NORTH RICHLAND HILLS after being duly sworn,did depose CITY OF NORTH RICHLAND ORDINANCE NO.3603 HILLS,TEXAS BY REZONING A AN ORDINANCE OF THE CITY and say that the attached dipping of 9.982-ACRE TRACT OF LAND COUNCIL OF THE CITY OF an advertisement was published in LOCATED AT 7109-7201 EDEN NORTH RICHLAND HILLS, ROAD AND 8751 HIGHTOWER TEXAS AMENDING THE ZON- the above named paper on the listed DRIVE FROM AG (AGRICUL- ING ORDINANCE OF THE CITY TURAL) AND R-1-S (SPECIAL OF NORTH RICHLAND HILLS, dates: SINGLE-FAMILY) TO R-2 AND THE ZONING MAP OF THE (SINGLE-FAMILY RESIDEN- A AND OF NORTH RICHLAND TIAL); PROVIDING THAT THIS HILLS,TEXAS BY REZONING A ORDINANCE SHALL I CUMU- 9.982-ACRE TRACT OF LAND LATIVE NG ALL ORDINANCES; LOCATED AT 7109-7201 EDEN PROVIDING FOR SEVERABILITY; ESTABLISHING ROAD AND 8751 HIGHTOWER 2 Insertion(s) A PENALTY; PROVIDING FOR DRIVE FROM AG (AGRICUL- SAVINGS; PROVIDING FOR TURAL) AND R-1-S (SPECIAL PUBLICATION;AND PROVIDING SINGLE-FAMILY) TO R-2 Published On: AN EFFECTIVE DATE. (SINGLE-FAMILY RESIDEN- Any person,firm or corporation vi- TIAL); PROVIDING THAT THIS September 26,2019,September olating any provision of the Zon- ORDINANCE SHALL BE CUMU- ing 27 2019 Ordinance and the zoning LATIVE OF ALL ORDINANCES; map of the City of North Rich- PROVIDING FOR land Hills as amended hereby SEVERABILITY; ESTABLISHING shall be deemed guilty of a mis- A PENALTY; PROVIDING FOR demeanor and upon final conic- SAVINGS; PROVIDING FOR tion thereof fined in an amount PUBLICATION;AND PROVIDING not to exceed Two Thousand AN EFFECTIVE DATE. Dollars ($2,000.00). Each day Any person,firm or corporation vi- any such violation shall be al- olating Zon- lowed to continue shall consti- 9 any provision of the Zon- tute a separate violation and ing Ordinance and the zoning punishable hereunder. map of the City of North Rich PASSED AND APPROVED ON THIS land Hills as amended hereby 23RD DAY OF SEPTEMBER, shall be deemed guilty of a mis- 2019. demeanor and upon final convic- CITY OF NORTH RICHLAND HILLS tion thereof fined in an amount By:/s/Oscar Trevino_ not to exceed Two Thousand Mayor any such($2,000.00). Each day 7Ig /� ATTEST: any such violation shall be al- /s/Alicia Richardson lowed to continue shall consti- City Secretary tute a separate violation and APPROVED AS TO FORM AND LE- punishable hereunder. (Principal Clerk) GALITY: PASSED AND APPROVED ON THIS /s/CityAttorBneMcGinnis 2001D DAY OF SEPTEMBER, SUBSCRIBED AND SWORN TO CITY OF NORTH RICHLAND HILLS BEFORE ME,THIS 27th day of By:/s/Oscar Trevino Y Mayor September in the year of 2019 ATTEST: /s/Alicia Richardson City Secretary APPROVED AS TO FORM AND LE- GALITY: 0 /s/Maleshia B.McGinnis City Attorney Nota 'ublic- '91 AMBAR LIZARRAGA N,• ;, My Notary ID#132031291 ',.•• ..... Expires Ma 30,2023 OF y ^ Y'Oeeve.-w ncoaua.evc- Extra charge for lost or duplicate affidavits. Legal document please do not destroy!