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Home My WebLink AboutOrdinance 3736 ORDINANCE NO. 3736 ZONING CASE ZC22-0023 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 2.238-ACRE TRACT OF LAND LOCATED AT 7405 HIGHTOWER 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 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 2.238 acres of land located at 7405 Hightower 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 April 21, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 9, 2022, with respect to the zoning change described herein; and Ordinance No. 3736 ZC22-0023 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) 2.238 acres of property described as Tracts 4B. 4B1, and 4B1B, John Condra Survey, Abstract 311, commonly referred to as 7405 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-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. 3736 ZC22-0023 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 9th day of May, 2022. CITY ORTH C LA ILLS By: Oscar revino, ayor Ordinance No. 3736 ZC22-0023 Page 3 of 4 ATTEST: ��``�'�. � ''�L7•,v ®,. f =_ Alicia Richardson `��• City Secretary/Chief Gov ,a••" .: Avaminoto APPROVED AS TO FORM AND LEGALITY: aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton stock, PI ping Director Ordinance No. 3736 ZC22-0023 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3736—Page 1 of 1 Zoning Case ZC22-0023 Tracts 4B,4B1,and 4B1B John Condra Survey,Abstract 311 7405 Hightower Drive, North Richland Hills,Texas BEING a 2.238-acre tract of land situated in the John Condra Survey, Abstract No. 311, in the City of North Richland Hills,Tarrant County,Texas, and being the remaining portion of a tract of land conveyed to Robert Famigletti and wife Susan Famigletti as evidenced by the Warranty Deed with Vendor's Lien dated May 16, 1980 from Don Morris Taylor and wife Marjorie Marie Taylor as recorded in Volume 6935, Page 548, Deed Records, Tarrant County, Texas. Said 2.238-acre tract being more fully described as follows: BEGINNING at an "X" set for corner on the present east right-of-way line of Douglas Lane (a variable width right-of-way) and being the north end of a corner clip located at the intersection of the said east right-of-way line with the north right-of-way line of Hightower Drive (a called 68- foot right-of-way); THENCE North 00 degrees 29 minutes 00 seconds West,departing said corner clip and along said east right-of-way line, a distance of 151.27 feet to a chiseled "X" set in a concrete sidewalk; THENCE North 89 degrees 13 minutes 35 seconds East, departing said east right-of-way line a distance of 323.53 feet to a h-inch steel rod with a red plastic cap stamped "Prism Surveys" set for corner; THENCE South 84 degrees 39 minutes 05 seconds East, at a distance of 265.55 feet passing a 'A- inch steel rod set for reference and continuing for a total distance of 299.55 feet to a point for corner and being the northeast corner of said Famigletti tract; THENCE South 00 degrees 04 minutes 10 seconds East, a distance of 138.44 feet to a'-inch steel rod with a red plastic cap stamped "Prism Surveys" set for corner on the previously mentioned present north right-of-way line of Hightower Drive; THENCE North 89 degrees 58 minutes 00 seconds West, along said north right-of-way line, a distance of 606.21 feet to a '-inch steel rod with red plastic cap stamped "Prism Surveys" set for corner; THENCE North 45 degrees 17 minutes 22 seconds West, a distance of 14.22 feet to the POINT OF BEGINNING and containing 2.238 acres or 97,492 square feet of land more or less. tie r r, '' ' ' r .;a eaufark Gafettet The Herald R kkHill t, el Nuevo Hieraldi`'=°Miarrii.° Sun;Nerva NJyrtle Beach" ,° ','Belleville Ways-Darr:rat Herald Sun (Durham ¢ ". � r �+y �I� .. v �_� "'` Modesto Beep, The;fVeays TriGur�4Tact� :Y2 Hif,��i�'*��.��s. `ens-tY �,� �� ° y ��,B�ellmgham F7erald, �.° ldah4�Stake�srnan � �Ratei�Gr Newvs"�&4]bse.rr�r Tha�Telegraph ?dacarv',�' , {$ . °t v Bradenton j-IrralcD , Bland Packet . The Olympian SanL,urs Obispo Tribune x Y . ,�a ' r t L"" a�,.I Ce"ntrotteaily ll Times m I exin a City Star , . ': Sacrap,entb Bee Trr,ty Herald 'r r. F '' on Harald leader:' ForttWo itr Star-Telegrams Wichita Ea,gie .�'I ' + e +a * ° '^ Golurribus Ledger-Enquirer 3 M+�lercedSun Star The;'Slate Columbia $ it c) 9r J ' r «x,_ 4. 4f ,�v,N.F, ,Fresno Bee'. hl�ami`lierald Sun Herald-Biloki e. AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 260697 Print Legal Ad-IPL0072580 ORDINANCE NO.3736 $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 CITY OF Fort Worth,in Tarrant County,Texas;and who, NORTH A RICHLAND NO. HILLS after beingdulysworn,did depose and saythat ORDINANCE NO.3736 p AN ORDINANCE OF THE CITY COUN- 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 OF NORTH RICHLAND HILLS, AND dates: THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS,TEXAS DY REZONING A 2.238-ACRE"TRACT OF No.of Insertions: 2 LAND LOCATED AT 7405 HIGHTOW- ER TO R-1 (SINGLE-FAMILY RESIDEN- Beginning Issue of: 05/12/2022 TIAL); PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF EndingIssue of: 05/13/2022 ALL ORDINANCES; PROVIDING FOR SEVERABILl1Y; ESTABLISHING A PENALTY;PROVIDING FOR SAVINGS; • PROVIDING FOR PUBLICATION;AND PROVIDING AN EFFECTIVE DATE. Any person,firm or corporation vi- olating 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, t.., PASSED :AND APPROVED on this 9th y 1/40jilth day of May,2022. ) ' CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor Sworn to and subscribed before me this 13th day of May ATTEST: /s/Alicia Richardson in the year of 2022 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis ,3 . $ 5$244.." Maleshia B.McGinnis,City Attorney IPL0072580 May 12-13 2022 D Notary Public in and for the state of Texas,residing in Dallas County ,----• w R41 7,- i tit" L i* r gitNeitiybil$17 q'Si- t, i. y: -4' i2 Extra charge for lost or duplicate affidavits. Legal document please do not destroyl