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HomeMy WebLinkAboutOrdinance 3609 ORDINANCE NO. 3609 ZONING CASE ZC 2018-18 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 1.89-ACRE TRACT OF LAND LOCATED AT 6713 BRAZOS BEND DRIVE FROM AG (AGRICULTURAL) TO R-2 (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 1.89 acres of land located at 6713 Brazos Bend Drive (the "Property") has filed an application to rezone,the Property from its present classification of AG (Agricultural) to R-2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 19, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 14, 2019, with respect to the zoning change described herein; and Ordinance No. 3609 ZC 2018-18 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-2 (Single-Family Residential) 1.89 acres of property described as Tracts 3D1, 3J, and 3N, Tandy K. Martin Survey, Abstract 1055, commonly referred to as 6713 Brazos Bend 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. 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 No. 3609 ZC 2018-18 Page 2 of 4 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 14th day of October, 2019. CITY OF NORTH RICHLAND HILLS By: Rita Wri ht Oujes y, yo Pro Tern Ordinance No. 3609 ZC 2018-18 Page3of4 ATTEST: Alicia Richardson, Gtt 7S.ecretMy '„gitnUistu0°e APPROVED AS TO FORM AND LEGALITY: OAA/3--- aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayto Coms ock, tanning Director Ordinance No. 3609 ZC 2018-18 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3609—Page 1 of 1 Zoning Case ZC 2018-18 Tracts 3D1,3J,and 3N,Tandy K. Martin Survey,Abstract 1055 6713 Brazos Bend Drive, North Richland Hills,Texas BEING a tract of land out of the Tandy K. Martin Survey, Abstract No. 1055, and situated in the City of North Richland Hills, Tarrant County, Texas, said tract being the tract of land described in the deed to Frank Trazzera and Karen T. Trazzera, recorded as Instrument No. D218062933 in the Official Public Records of Tarrant County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch steel rod round for the northeast corner of said Trazzera tract, said rod being the northwest corner of Lot 18,Block 5,Woodland Oaks Addition,an addition to the City of North Richland Hills,Texas,according to the plat recorded in Cabinet A,Slide 5791,of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) and also being in the southerly right-of-way line of Brazos Bend Drive (a sixty foot(60') public right-of-way); THENCE South 00 degrees 04 minutes 44 seconds West with the easterly boundary line of said Trazzera tract, passing at 128.00 feet al/2-inch capped steel rod found for the southwest corner of said Lot 18,said rod being the northwest corner of Lot 21, Block 4, Woodland Oaks, an addition to the City of North Richland Hills, Texas, according to the plat thereof recorded in Volume 388-218, Page 51, of said Plat Records and continuing with the westerly boundary line of said Block 4 and continuing a total distance of 389.82 feet to a point in a 10-inch wood fence post found for the southeast corner of said Trazzera tract and the most westerly southwest corner of said Lot 19 of said Block 4; THENCE South 89 degrees 12 minutes 15 seconds West with the southerly boundary line of said Trazzera tract a distance of 164.95 feet to a 1A-inch "MILLER 5665" capped steel rod set for the most southerly southwest corner thereof, said rod being the southeast corner of Lot 1, Block 1, Nelms Addition, an addition to the City of North Richland Hills, Texas, according to the plat thereof recorded in Cabinet B, Slide 46,of said Plat Records; THENCE North 00 degrees 10 minutes 59 seconds East with the westerly boundary line of said Trazzera tract a distance of 191.02 feet to a 1/2-inch steel rod found for an inner corner thereof; THENCE North 89 degrees 07 minutes 36 seconds West continuing with said westerly boundary line a distance of 89.71 feet to al/2-inch steel rod found for the most westerly southwest corner of said Trazzera tract; THENCE North 00 degrees 00 minutes 57 seconds West continuing with said westerly boundary line a distance of 199.72 feet to a %-inch steel rod found for the northwest corner of said Trazzera tract, said rod being the northeast corner of Lot 1, Block 1, KLA Addition, an addition to the City of North Richland Hills,Texas, according to the plat thereof recorded in Cabinet B,Slide 466, of said Plat Records; THENCE East with the northerly boundary line of said Trazzera tract, passing at 119.81 feet a %Z-inch "MILLER 5665"capped steel rod set for the southwest corner of the right-of-way of said Brazos Bend Drive and continuing therewith a total distance of 254.62 feet to the POINT OF BEGINNING and containing 1.8914 acres of land, more or less. Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-M r I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102-8315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount cols Depth 600579 0004422929 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3609 592 36 52.00 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 personally appeared VICTORIA CITY OF NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE NO.3609 9 AN ORDINANCE OF THE CITY published,ram for the Star-Tele b COUNCIL OF THE CITY OF 9 P by NORTH RICHLAND HILLS, TEXAS AMENDING THE ZON- the Star-Telegram, Inc. at Fort Worth, ING ORDINANCE OF THE CITY in Tarrant County, Texas;and who. OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE after being duly sworn, did depose CITY OF NORTH RICHLAND HILLS,TEXAS BY REZONING A CITY OF NORTH RICHLAND HILLS and say that the attached clipping of 1.89-ACRE TRACT OF LAND LO- ORDINANCE NO.3609 CATED AT 6713 BRAZOS BEND AN ORDINANCE OF THE CITY an advertisement was published in DRIVE FROM AG (AGRICUL- COUNCIL OF THE CITY OF TURAL) TO R-2 (SINGLE- NORTH RICHLAND HILLS, the above named paper on the listed FAMILY RESIDENTIAL); PRO- TEXAS AMENDING THE ZON- dates: VIDING THAT THIS ORDINANCE ING ORDINANCE OF THE CITY SHALL BE CUMULATIVE OF ALL OF NORTH RICHLAND HILLS, ORDINANCES; PROVIDING FOR AND THE ZONING MAP OF THE SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR CITY OF NORTH RICHLAND SAVINGS; PROVIDING FOR HILLS,TEXAS BY REZONING A PUBLICATION;AND PROVIDING 1.89-ACRE TRACT OF LAND LO- AN EFFECTIVE DATE. CATED AT 6713 BRAZOS BEND 2 Insertion(s) Any person,firm or corporation vi- DRIVE FROM AG (AGRICUL- olating any provision of the Zon- TURAL) TO R-2 (SINGLE- ing On: ing Ordinance and the zoning FAMILY RESIDENTIAL); PRO- Published On: map of the City of North Rich- VIDING THAT THIS ORDINANCE October 17,2019,October 18,2019 land Hills as amended hereby SHALL BE CUMULATIVE OF ALL shall be deemed guilty of a mis- ORDINANCES; PROVIDING FOR demeanor and upon final convic- SEVERABILITY; ESTABLISHING tion thereof fined in an amount A PENALTY; PROVIDING FOR not to exceed Two Thousand SAVINGS; PROVIDING FOR i Dollars ($2,000.00). Each day PUBLICATION;AND PROVIDING any such violation shall be al- AN EFFECTIVE DATE. lowed to continue shall consti- Any person,firm or corporation vi- tute a separate violation and olating any provision of the Zon- punishable hereun- ing Ordinance and the zoning der. map of the City of North Rich- PASSED AND APPROVED on this land Hills as amended hereby 14th day of October,2019. shall be deemed guilty of a mis- CITY OF NORTH RICHLAND HILLS demeanor and upon final convic- Rita Wright a Wright Oujesky, Mayor Pro tion thereof fined in an amount Tern not to exceed Two Thousand ATTEST:/s/Alicia Richardson Dollars ($2,000.00). Each day Alicia Richardson,City Secretary any such violation shall be al- APPROVED AS TO FORM AND LE- lowed to continue shall consti- GALITY: /s/ Maleshia B. tute a separate violation and a�� McGinnis punishable hereun- Maleshia B. McGinnis, City Attor- der. (Principal Clerk) ney PASSED AND APPROVED on this 14th day of October,2019. CITY OF NORTH RICHLAND HILLS SUBSCRIBED AND SWORN TO By:/s/Rita Wright Oujesky_ Rita Wright Outesky, Mayor Pro BEFORE ME,THIS 18th day of Tern • o.= in the year of 20 ATTEST:/s/Alicia Richardson IP Alicia Richardson,City Secretary APPROVED AS TO FORM AND LE- GALITY: /s/ Maleshia B. McGinnis_ Maleshia B. McGinnis, City Attor- ney II rt I •.e... V AMBAR LIZARRAGA• • , :*= My Notary ID#132031291 ' '1.4'.. . ." Expires May 30,2023 . t.. Extra charge for lost or duplicate affidavits. Legal document please do not destroy!