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HomeMy WebLinkAboutOrdinance 3732ORDINANCE NO. 3732 ZONING CASE ZC22-0020 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 1.26-ACRE TRACT OF LAND LOCATED AT 1 COUNTRY PLACE DRIVE FROM AG (AGRICULTURAL) TO R-1 , (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 Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.26 acres of land located at 1 Country Place Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 1 (Single -Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 17, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 28, 2022, with respect to the zoning change described herein; and Ordinance No. 3732 ZC21-0020 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 (Single -Family Residential) 1.26 acres of property described as Tract 7A2A, Stephen Richardson Survey, Abstract 1266, commonly referred to as 1 Country Place 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-1 (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. 3732 ZC21-0020 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 28th day of February, 2022. CITY OFAORTH RACHLANA HILLS LM Ordinance No. 3732 ZC21-0020 Page 3 of 4 ayor offiliwohvo ATTEST: �c�`,��•••'" ••!b® ® ' n •..y0 Alicia Richardson , �•. :icy.` City Secretary/Chief Goverrf ' r' ���`\ / imai u►W►o APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, Planning Director Ordinance No. 3732 ZC21-0020 Page 4 of 4 Exhibit A — Property Description — Ordinance No. 3732 — Page 1 of 1 Zoning Case ZC22-0020 Tract 7A2A, Stephen Richardson Survey, Abstract 1266 1 Country Place Drive, North Richland Hills, Texas BEING all that certain 1.258 acres of land, which is the property described in the deed to Douglas B. Bolling, recorded in Document Number D218202703 in the Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being the same tract of land described in deed to Tommy Cunningham recorded in Document Number D222004448 in the Deed Records, Tarrant County, Texas (D.R.T.C.T.), in the STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1266, City of North Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central) BEGINNING at a %-inch iron rod found for southwest corner of said Bolling Tract, in the north end of the 60-foot wide public road described in the deed recorded in Volume 4718, Page 604, D.R.T.C.T., from which a 5/8-inch iron rod bears South 00 degrees 16 minutes 24 seconds East — 42.19 feet; THENCE North 00 degrees 16 minutes 24 seconds West — 370.00 feet to a %-inch iron rod with a cap stamped "SPRY 5647" found for the northwest corner of the herein described tract, common to the most westerly southwest corner of Lot 9, Block 2, Thornbridge West, recorded in Document Number D213155360, Plat Records, Tarrant County, Texas; THENCE South 44 degrees 53 minutes 07 seconds East — 295.00 feet to a %-inch iron rod with a cap stamped "SPRY 5647" found for the northeast corner of the herein described tract, common to an angle corner of said Lot 9, Block 2, Thornbridge West; THENCE South 00 degrees 08 minutes 56 seconds West — 160.00 feet to a PK nail found in the base of a tree for the northeast corner of the herein described tract, common to the most southerly southwest corner of Lot 9, Block 2, Thornbridge West, and in the north line of Tract 1, described in the deed to Johnny J. Gilliland and Janice J. Gilliland, recorded in Volume 14144, Page 216, D.R.T.C.T.; THENCE South 89 degrees 43 minutes 36 seconds West, passing at a distance of 155.83 feet a %- inch iron rod found for the northwest corner of said Gilliland tract, common to the northeast corner of said 60-foot wide public road, and continuing for a total distance of 206.00 feet to the POINT OF BEGINNING and containing 1.258 acres of land. AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 19363 225910 Print Legal Ad - IPL0062677 $89.00 1 49 L Attention: ROBERT MYERS 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 Amanda Grisham, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Ciro OF Fort Worth, in Tarrant County, Texas; and who, NORTH RICHLAND HILLS after beingduly sworn, did depose and say that ORDINANCE NO. 3732 Y p Y AN ORDINANCE OF THE CITY COON- the attached clipping of an advertisement was CIL OF THE CITY OF NORTH RICH - LAND HILLS, TEXAS, AMENDING THE published in the above named paper on the listed ZONING ORDINANCE OF THE CITY dates: OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 1.26-ACRE TRACT No. of Insertions: 2 OF LAPLACEND LOCATED AT 1 COUNTRY (AGRICUL- TURAL) DRO-1E R ) (SINGLE-FAMILY Beginning Issue of: 03/03/2022 RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE EndingIssue of: 03/04/2022 OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDNG AN EFFECTIVE DATE. Any person, firm or corporation vi- elating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amend- ed hereby shall be deemed guilty of a misdemeanor and upon final con- viction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such viola- tion shall be allowed to continue shall constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 28th day of February, 2022. CITY OF NORTH RICHLAND HILLS By: /s/ Oscar Trevino Oscar Trevino, Mayor ATTEST: Sworn to and subscribed be ore me this 4th day o /s/ Alicia Richardson March in the year of 2022 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/ Maleshia B. McGinnis Maleshia B. McGinnis, City Attorney IPL Mara_4 2020 Mar 3-22 Notary Public in and for the state of Texas, residing in Dallas County 2022 NMI O*tW Extra charge for lost or duplkate affidavits. 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