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HomeMy WebLinkAboutOrdinance 3620 ORDINANCE NO. 3620 ZONING CASE ZC 2019-16 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 5.007-ACRE TRACT OF LAND LOCATED AT 8141 AND 8145 PRECINCT LINE ROAD 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 5.007 acres of land located at 8141-8145 Precinct Line Road (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 October 17, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 12, 2019, with respect to the zoning change described herein; and Ordinance No. 3620 ZC 2019-16 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) 5.007 acres of property described as Tracts 5B and 5B3, WC Newton Survey, Abstract 1182, and Tracts 8C and 8C3, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8141 and 8145 Precinct Line 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-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. 3620 ZC 2019-16 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 12th day of November, 2019. CITY N T RI LAND HILLS By , Mayor Ordinance No. 3620 ZC 2019-16 Page 3 of 4 ATTEST: ��l®lllllli��YE� v,J� 'r A.:47 El • (3-A-4 V--(4X„.',;,„:. 4)1 Alicia Richardson, City.Secretary .1'6 ds'� •... . . fit,/ltili��iillitltll APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Co ock, Planning Director Ordinance No. 3620 ZC 2019-16 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3620— Page 1 of 1 Zoning Case ZC 2019-16 Tracts 5B and 5B3,WC Newton Survey,Abstract 1182 Tracts 8C and 8C3,Stephen Richardson Survey,Abstract 1266 8141-8145 Precinct Line Road, North Richland Hills,Texas BEING a tract of land situated in the Stephen Richardson Survey,Abstract No.1266,City of North Richland Hills,Tarrant County,Texas, being the remainder of a tract of land described to Albert W. Morris,Jr., and wife, Martha Morris, as recorded in Volume 4487, Page 241, Deed Records, Tarrant County, Texas (D.R.T.C.T), and all of a tract of land described to Doris Bamberger Irrevocable Trust, as recorded in Document Number D214111721, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particular described by metes and bounds as follows(Basis of Bearing being State Plane Grid—Texas North Central Zone (4202) NAD 83 as established using the AllTerra RTKNet Cooperative Network. Reference frame is NAD 83(2011) Epoch 2010.00. Distances shown are U.S. Survey feet displayed in surface values). BEGINNING at a found aluminum disk marked "TXDOT"for the southeast corner of said Bamberger tract, on the north line of a tract of land described in deed to Isidro Gonzalez,as recorded in Document Number D203107524 (O.P.R.T.C.T.), and also being on the west right-of-way line of Precinct Line Road (a variable width Right-of-Way); THENCE North 89 degrees 59 minutes 22 seconds West, with the common line of said Bamberger and Gonzales tract, a distance of 481.95 feet to a %-inch iron rod found for the northwest corner of said Gonzales tract,same being the northeast corner of Lot 19, Block 2,of Thornbridge East,an addition to the City of North Richland Hills,Tarrant County,Texas,according to the Plat recorded in Cabinet A,Slide 4133, Plat Records,Tarrant County,Texas(P.R.T.C.T.); THENCE South 89 degrees 12 minutes 49 seconds West, with the common line of said Bamberger tract and Lot 19, a distance of 203.65 feet to point for corner, the southwest corner of said Bamberger tract and the southeast corner of Lot 11, Block 2,of said Thornbridge East; THENCE North 00 degrees 17 minutes 42 seconds West,with the east line of said Thornbridge East,passing at a distance of 114.28 feet, a point for the northwest corner of said Bamberger tract, and the southwest corner of said Morris tract, continuing for a total distance of 319.91 feet to a 5/8-inch iron rod with cap "BHB INC"found for the northwest corner of said Morris tract and in the south line of Thornbridge North, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to map or plat thereof, recorded in Clerk's File No. D218139270, Plat Records,Tarrant County,Texas; THENCE North 89 degrees 23 minutes 34 seconds East,with the common line of said Morris tract and said Thornbridge North, a distance of 677.93 feet to a point for corner, the northeast corner of said Morris tract and the southeast corner of said Thornbridge North, also being on the west right-of-way line of said Precinct Line Road; THENCE South 00 degrees 10 minutes 25 seconds West, with the west right-of-way of said Precinct Line Road, a distance of 164.25 feet to a found aluminum disk marked "TXDOT"for an angle point of said line; THENCE South 03 degrees 30 minutes 50 seconds West, with the west right-of-way of said Precinct Line Road,a distance of 160.44 feet to the POINT OF BEGINNING and containing 218,114 square feet or 5.007 acres of land more or less. Star-Telegram MEDIA Arlington Citizen-Journal/The Keller Citizen 1 La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1 808 Throclanorton St.1 Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PQ Amount Cols Depth 600579 0004460455 ORDINANCE NO.3620 ZONING CASE ZC 2019 $396.44 1 229.00 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 ORDINANCE NO,362a RODELA, Bid and Legal Coordinator ZONING CASE ZC 2019=16 AN•ORDINA F on T CI Y' for the Star-Telegram,published by NORTH RICHLAND HILLS, the Star-Telegram, Inc.at Fort Worth, TEXAS AMENDING THE ZON- 1NG 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 TS 6RZ GNS EX Y REZONING and say that the attached clipping of 5.467-ACRE TRACT OF LAND LOCATED AT 6141 Am 87.45 an advertisement was published in pl'I CiNCT LINE. ROAD.FRO2 the above named paper on the listed AG (AGRICULTURAL) TO R-2 H T p dates:(SINGLE-FAMILY'PROVIDING THAT THIS ORDINANCE SHALL.BE CUMU- LATIVE Of Ara. ORDINANCES; PROVIDING. FOR SEVERAB1LjTY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR 2 Insertion(s) PUBLICATION;AND PROVIDING. AN EFFECTIVE DATE. WHEREAS the City of North Rich- Published On: WW1-fills,Texas is a horne•rule tliUnicipality located in Tarrant November 14,2019,November 15, County, Texas acting under its charter adopted by the elector- 2019 .ate•purwant to Article XI,Sec- tion 5 Of the Texas Constitution and Chapter.9 of the Local Gov- ernment Code;and WHER.EAS,tfte Zoning Ordinance of the City of North Richland Hilla.regulates and restricts the location and use of nui14ing structures,•and land for trade, indusis• residence, and other (rureetes, and provides for the establishment of zoning dls- Arias of such number, shape, and area as may be best suited to.carry ouf these regulations; and WHEREAS,the City Council has p�assed aP ordinance �•�- adopting' the Vtsion2030 Land ( - /2.-. use.PlOrs as the primary decu- rnent oil which to base all zon- (Principal Clerk) platting,.and other land use decisions;and • WHEREAS,t a V1slo020 0 Land SUBSCRIBED AND SWORN TO Use Plan map provides:guidance for future development irr on- BEFORE ME,THIS 15th day of ferrnance with the adopted Vision2030 Land Use Plan;and N em r in the year of • 9 WHEREAS,the owner Of the prop- tarty containing approximately 5.907 acres.of land located at- 81411145 Precinct Line Road (the"Property')has filed an app- plication to rezone the Property frotn its present tlastification 41111 of AG (Agtrcuftural> to R.z (Sin le.Fa [Ty R.esidential);and WH rn EREAS ; the Planning and Zon• of ublic- - ing Commission of the City of North'Richland_Hills,Texas held "r AMBARLIZARRAGA 'a public hearing on October 17, / 44:2019,and the City Council of gin `• *= My Notary ID#132031291 City of North Richland Hills, P, ;e Texas, held a public hearing on -? .OF z'ck Expires May 30,2023 November.12, 2019, with re spelt to the zoniieg change de- scribed herein;and Extra charge for lost or duplicate affidavits. WHEREAS, the City has eO died 9 P with all requirements of - Legal document please do not destroy! ter 211 of the Local Government Lode, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and proce- dural requiredneiits for rezoning; the Proerty,and WHEREAS,upon review of the ap- plication,Lication, and after such public hearing, the City Council finds that granting the request herein; furthers the purpose of zoning as sett forth in the Zoning Ordi- nance of the City of North Rich- land Hills and that the zanine change should he granted,sub- lock to the conditions Imposed herein; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH- LAND HILLS TEXAS; Section 1: That the Zoning Ordi- nance of the City of North Rich- land Hills is herthy amended by rgzoning from AG(Agriculttsraip to R-2 (Single-Family Residen- tiel))5.007 3Cres of property_de- scribed as Tracts 5l3 and 5(33, .IC Newton Survey, Abstract 1162, and Tracts 8C and 8C3, Stephen Richardson Survey,Ab- stract 1266,commonly referred to as 8141 and 8145 Precinct Line Road as described and shown on Exhibit"A attached hereto and incorporated for all purposes. Section Z: That the official zoning map of the City of North Rich- letnd Hills is amended and the Planning Director is directed to revise the official zoning map to; reflett the approved R-2 .(Single-Family Residential)zon- mtp,as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations con- tained in the Building and Land Use Regulations and all other applicable and pertinent ordi- nances of the City of North Richland NIBS. Section 4: The zoning district as herein established has been made in accordance with a com- prehensive plan for the purpose of promoting the health,safety morals and general welfare of the community. Section 55: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North. Riehlaod Hills Texas,as amend- ed,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 re- pealed_ Section 6: It is hereby declared to be the Intention of the City Council that the sections,para- graphs, sentences,clauses,and phrases of this Ordinance are severable, and If any section, paragraph,sentence, clause, or phrase of this Ordinance shall he declared unconstitutional by the valid judgment or decree of any court of competent irlrisdic- tfgn such unconstitutionality snarl not affect any of the re- maining sections, paragraphs, sentences clauses,an4 phrases of this ordinance, since the some 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 cor- poration violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended here- by shall he deemed guilty of a misdemeanor and upon final conviction thereof fined in .ao amount not to exceed Two Thousand Dollars ($2,x.00), Each day any Such Violation shall he allowed to continuo shall constitute a separate vio- lation and punishable hereunder, Section FIi All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the pro- visions of any ordinances gov- erning zoning that have accrued at the time of the effective dace or erns c.ramance; ana, as co ORDINANCE NO.3620 such accrued violations and all ZONING CASE ZC 2019-16 whether litigat ion,both clv,l and AN ORDINANCE OF THE CITY criminal, hether Pending in COUNCIL OF THE CITY OF court or not, under such orci- NORTH RICHLAND HILLS, names,, sahth shall not be af- TEXAS AMENDING THE ZON- - maf�d lsy sec Ordinance final. ING ORDINANCE OF THE CITY may he Prosecuted unt l fenal. OF NORTH RICHLAND HILLS, dish it They City AND THE ZONING MAP OF THE 5oc hereby uth teed and ratrec 5 CITY OF NORTH RICHLAND hereby authorized directed the HILLS,TEXAS BY REZONING A to cause the 001i-catkin of the descriptive Caption and penatby LOCATED AT 8141 AND L8145 clause of this ordinance two firms, PRECINCT LINE ROAD FROM Section 1U:This ordlearkce snail,Ire; AG (AGRICULTURAL) TO R-2 in full force and effect imnseedi- (SINGLE-FAMILY RESIDEN- alely following publication as TIAL); PROVIDING THAT THIS *fluffed by Sectfan 9 hvrgoi. ORDINANCE SHALL BE CUMU- AND IT 1S D APPROVED LATIVE OF ALL ORDINANCES; . PASSED AND APPROV on this PROVIDING FOR 14th day of November,Z0119, SEVERABILITY; ESTABLISHING CITY OF Trevino,RICHLo HILLS A PENALTY; PROVIDING FOR lb:Oscar T Trevino,Mayor r SAVINGS; PROVIDING FOR AiATTEST:Ichardsan CitySecyetar Y PUBLICATION;AND PROVIDING $ ��APPROVED AS TO FORM AND LE• AN EFFECTIVE DATE. i GALIEY: WHEREAS,the City of North Rich- ltaleshla B. McGinnis, City Hills,Texas is a home-rule ICl y kQrar- municipality located in Tarrant ney County, Texas acting under its CIa to Co st TO CONTENT: charter adopted by the elector- E1 [ezyoton Comstock,Planning LslroC ate pursuant to Article XI,Sec- tion 5 of the Texas Constitution IM and Chapter 9 of the Local Gov- l.,0 ernment Code;and WHEREAS,the Zoning Ordinance S1 of the City of North Richland Hills regulates and restricts the .a1 location and use of buildings, mat , structures, and land for trade, industry, residence, and other dj purposes, and provides for the IuOp establishment of zoning dis- tricts of such number, shape, uop and area as may be best suited to carry out these regulations; SaAd and oiq WHEREAS,the City Council has previously passed an ordinance 11.1,1 adopting the Vision2030 Land man Use Plan as the primary docu- ment on which to base all zon- u1 TB ing,platting,and other land use decisions;and nal WHEREAS,the Vision2030 Land 0-1 Alll Use Plan map provides guidance for future development in con- 31311Ni formance with the adopted a ', Vision2030 Land Use Plan;and alatIM WHEREAS,the owner of the prop- gold, erty containing approximately i 5.007 acres of land located at gem 8141-8145 Precinct Line Road (the"Property")has filed an ap- iMOI„ plication to rezone the Property from its present classification 1 SZea of AG (Agricultural) to R-2 O1gtl0EQ ' (Single-Family Residential);and WHEREAS, the Planning and Zon- ,do pads ing Commission of the City of North Richland Hills,Texas held ;Nina i a public hearing on October 17, •rn01-11G 2019,and the City Council of the 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-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004460455 ORDINANCE NO.3620 ZONING CASE ZC 2019 I $396.44 1 229.00 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 ORDINANCE NO.3420 RODELA, Bid and Legal Coordinator ZONING CASE ZC 201946 AN -ORDINANCE OF TttE. CITY for the Star-Telegram,published by COUNCIL OF TKE 'CITY OF NORTH ND HILLS, the Star-Telegram, Inc.at Fort Worth, TEXAS. AMENDING THE'ZON- INS 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 TES BRZrGNA S,. Y REZONING and say that the attached clipping of 5.007-ACRE AT 8141 AND 8145 TRACT OF LAND LOCATED AT an advertisement was published in PRECINCT LINT; ROAD. mot the above named paper on the listed AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY' AD dates: TIL VIDNG THAT THIS ORDINANCE SHALL BE CUMU- LATiVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR .SAVINGS; PROVIDING FOR 2 Insertion(s) PUBLICATION;AND PROVIDING: AN EFFECTIVE DATE. WHEREAS tree City of North Rich- Published On: land Hills,Texas is a home-rule municipality located in Tarrant November 14,2019,November 15, Cowntyt Texas acting under its charter adopted by the elector- 2019 ate pursuant to Article XI,Sec- tion 5 of the Texas Constitution and Chapter.9 of the Local Gov- ernment Code-and WHEREAS,the Zoning Ordinance of the City of North Richland Hills,regulates and restricts the location dud use of buildings,. structures, and land for trade, industry, residence, and other purpascis, and provides for the establishment of zoning dis- tricts of such number, shaper and area as may be best suited to carry out-these regulations; and WW revion.tne City s ordi has �0 e'er'1. - prta+++lPt!5iy �p'assed ae? ordlnante Montag'the Vitidn2030 Land use:Plan SS the fxirnitry docu- ment on which to base all Zon- (Principal Clerk) ing.plattin9,.and other Lased use decisions;and WHEREAS;tbe. Vlslon2O#$0 Land SUBSCRIBED AND SWORN TO Use Plan map provides voidance for fixture deuelopmeft in.Con- BEFORE ME,THIS 15th day of Visi n20 with a adopted N em r in the year of • 9 Vision2034 Land Use Plaie;and Y Op WHEREAS,the Owner of the prop- arty containing approxlivatdfv 5,007 acres of land located at. •8141.9145 Precinct Line Rdad (the"Property")has filed an ap= pplication'to rezone the Prnpert-r froth its present Classification ' of AG (Agekuttural) to .R-Z (Sinagle.Famrly Residential);and WHEREAS; the Planning and Zen- of UbIIC- lng Commission of the City of North Richland Hills,Texas held ,,, AMBAFt LIZARRAGA 'a public hearing on October 17, :'a°. fi 2019r and the City Council of the :a. *= My Notary ID#132031291 City of North Richland Ms, --,; ;.,c Texas, held a public hearing on '•?>'OFi*4±'s Expires May 30,2023 NuvernU2r 12, 2034, 'With re spect to the zoning change de- scribed herein;.and Extra charge for lost or duplicate affidavits. WHEREAS, Uee qty has cur plied g p with all requirements of Chap- Legal document please do not destroy! ter 211 of the Local Government