Loading...
HomeMy WebLinkAboutOrdinance 3647 ORDINANCE NO. 3647 ZONING CASE ZC 2020-04 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 0.33-ACRE TRACT OF LAND LOCATED AT 7521 KIRK 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 0.33 acres of land located at 7521 Kirk 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 May 7, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 11, 2020, with respect to the zoning change described herein; and Ordinance No. 3647 ZC 2020-04 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) 0.33 acres of property described as Tract 14C, Stephen Richardson Survey, Abstract 1266, commonly referred to as 7521 Kirk 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. 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. 3647 ZC 2020-04 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. 1 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 11th day of May, 2020. CITY OF NORTH RICHLAND HI LS By: opnuwuuiio Osc r Tr v ay ATTEST: ;`\\\eh �CI i.'1CO o; n_ Alicia Richardson, City ,Fj�tary• '�Y ommaninolitko Ordinance No. 3647 ZC 2020-04 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, Plan ing Director Ordinance No. 3647 ZC 2020-04 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3647—Page 1 of 1 Zoning Case ZC 2020-04 Tract 14C,Stephen Richardson Survey,Abstract 1266 7521 Kirk Road, North Richland Hills,Texas BEING a tract of land out of the Stephen Richardson Survey,Abstract Number 1266,Tarrant County,Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a %-inch steel rod found 1622.04 feet south (previous deed 1599.0 feet south) and 12.0 feet west of the northeast corner of a 40.0-acre tract as recorded in Volume 1797, Page 315, Deed Records, Tarrant County, Texas, said point also being in the west right-of-way line of County Road No. 3050 and being the southeast corner of a tract of land described in deed to Barrett and Janny Blackburn and recorded in Volume 13867, Page 463, Deed Records,Tarrant County,Texas; THENCE South along said west right-of-way line a distance of 96.96 feet (previous deed 90.0 feet)to a fl- inch steel rod found for corner and being the easterly most northeast corner of a tract of land described in deed to Alan and Gail Easley as recorded in Volume 12868, Page 157, Deed Records,Tarrant County, Texas; THENCE West 150.00 feet along said Easley Tract to a''/:-inch steel rod found for corner; THENCE North 96.96 feet (previous deed 90.0 feet) along said Easley tract to a 7/2-inch steel rod found for corner in the south line of said Blackburn tract; THENCE East 150.00 feet along said Blackburn Tract to the POINT OF BEGINNING. 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 1808 Throckmorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Death 600579 0004646240 CITY OF NORTH RICHLAND HILLS ORDINAN ORDINANCE NO.3647 $99.08 1 56.00 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 NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE OF THE CITY CITY OF ORDINANCE NO.3647 `w ]AN for the Star-Telegram,published by COUNCIL OF THE CITY OF NORTH RICHLAND HILLS the Star-Telegram, Inc.at Fort Worth, NORTH RICHLAND HILLS, ORDINANCE NO.3647 TEXAS AMENDING THE ZON- AN ORDINANCE OF THE CITY in Tarrant County,Texas;and who, ING ORDINANCE OF THE CITY COUNCIL. OF THE- CITY OF OF NORTH RICHLAND HILLS, ' NORTH RICHLAND HILLS, after being duly sworn,did depose AND THE ZONING MAP OF THE TEXAS, AMENDING THE ZON- and saythat the attached clip ping OF NORTH RICHLAND ING ORDINANCE OF THE CITY of HILLS, 33 ACTEXAS E TRACT OF LAY ND LG O- CATED OF NORTH RICHLAND HILLS, an advertisement was published in CATED AT 7521 KIRK ROAD AND THE ZONING MAP OF THE 'CITY OF NORTH RICHLAND the above named on the listed FROM AG(AGRICULTURAL)TO HILLS,TEXAS BY REZONING A paper R-2(SINGLE-FAMILY RESIDEN- 0.33-ACRE TRACT OF LAND LO- dates: TIAL); PROVIDING THAT THIS CATED AT 7521 KIRK ROAD ' ORDINANCE SHALL BE CUMU- FROM AG(AGRICULTURAL)TO LATIVE OF ALL ORDINANCES; R-2 (SINGLE-FAMILY RESIDEN- SEVERABIs rNG TIAL); PROVIDING THAT THIS AE PENALTY; ESTABLISHING VIDINF ORDINANCE SHALL BE CUMU- SAVINGS;A V N ROVGG FOR LATIVE OF ALL ORDINANCES; • PROVIDING FOR PUBLICATION;AND PROVIDING PROVIDING FOR I 2 Inserti0n(s) AN EFFECTIVE person, DATE. A PENALTY;SEVERABILITY; OG Any l ngany firm or corporation A PENALTY;SAVINGS;' PROVIDINGIDIN FOR Published On: Zonis ng in provision a the ICAT N; RO- FOR Zoning of Ordinance and the zon- PUBLICATION;AND PROVIDING May 14,2020,May 15,2020 Richland ic map the City of North AN EFFECTIVE DATE. bicsla Hills e amended here- Any t a,firm or i orpof.tihe by shall be d and ny in l violating any provision of.the misdemeanorconviction upon final ing Zoningof Ordinance and the orn • - amoun ion thereofofined in an lag land the City of North e- Tmou a not to exceed,0Two Richland Hills e amended here- Thousand Dollars such violati ).on b shallbe and upony i l Each day any continue misdemeanor final shall beon allowedttea toop continue conviction thereof fined in an shall constitute a`le hereu vio- lation tea, AEDdANDstAPPROVED won amount not to exceed,0 Two 0). this 11th day of May,2020. Thousand anyDnars h violation CITY OF- NORTH RICHLAND -shah day such continue HILLS shall beon allowed to continue By: /s/ Oscar shall and unte a separate der. • Trevino lotion and punishable hereunder. Oscar Trevino,Mayor PASSED AND' APPROVED on ATTEST: this 11th day of May,2020. /s/ Alicia CITY OF NORTH RICHLAND �li/�r2;( � J Richardson HILLS'- I '�L/ Alicia Richardson,City Secreta- 'By: . /s/ Oscar ry Trevino (Pondpal Clerk) APPROVED AS TO FORM AND Oscar Trevino,Mayor LEGALITY: ATTEST: . - /s/Maleshia B.McGinnis /s/" Alicia SUBSCRIBED AND SWORN TO Maleshia B. McGinnis, CiW72tc. .Richardson torney Alicia Richardson,City Secreta-' BEFORE ME,THIS 15th day of ' APPROVED-AS TO FORM AND . May in the year of 2020 LEGALITY: /s/Maleshia B.McGinnis- torney Maleshia B.McGinnis, City At- •/ torney A I� _ __lli .,nL. .ry Public- 'o`" 44. LIZBETH AILEEN CORDERO i .s My Notary ID#131868068 F •^.,fps'< Expires January 25,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! '