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HomeMy WebLinkAboutOrdinance 2447 ORDINANCE NO. 2447 AN ORDINANCE AMENDING ORDINANCE NO. 1874 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, GRANTING ZONING CHANGE Z99-41 ON A TRACT OF LAND OUT OF THE A.G. WALKER SURVEY, ABSTARACT NO. 1630, DEED RECORDS OF TARRANT COUNTY, LYING AND BEING SITUATED IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID TRACT FROM "R-7-MF" MULTI FAMILY DISTRICT TO "C2" COMMERCIAL DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILlTL Y; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, applications were made to amend the Official Zoning Map, City of North Richland Hills, Texas by making applications for same with the Planning and Zoning Commission of the City of North Richland Hills, Texas as required by State statutes and the zoning ordinances of the City of North Richland Hills and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of North Richland Hills, Texas after all legal notices, requirements conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of North Richland Hills, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested change should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off- street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of North Richland Hills at a public hearing called by the City Council of the City of North Richland Hills, Texas did consider the following factors in making a determination as to whether this requested change Ordinance No. 2447 Page 1 of 5 should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of North Richland Hills, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provision of transportation, water sewerage, schools, parks and other public requirements; and WHEREAS, The City Council of the City of North Richland Hills, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City North Richland Hills, Texas and helps promote the general health, safety and welfare of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the City of North Richland Hills Ordinance No 1874, being the Zoning Ordinance of the City of North Richland Hills, Texas, is hereby amended and changed by Zoning Application PZ 99-41 to rezone the following described property to wit: Being tract 4P1, containing 1.60 acre situated in the A.G. Walker Survey, Abstract No. 1630, Deed Records of Tarrant County (located at 4004 Flory Street), more fully and completely described by metes and bounds in Exhibit "A", attached hereto and made a part hereof which was previously zoned "R-7-MF" Multi Family District to "C2" Commercial District, all in accordance with Zoning Ordinance No. 1874 as amended. Section 2. The City Manager is hereby directed to correct the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. Ordinance No. 2447 Page 2 of 5 Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of North Richland Hills zoning ordinances and all other applicable and pertinent ordinances of the City of North Richland Hills, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of North Richland Hills, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two hundred dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of North Richland Hills, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of North Richland Hills, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. Ordinance No. 2447 Page 3 of 5 APPROVED BY THE PLANNING AND ZONING COMMISSION THE 9th DAY OF DECEMBER 1999. ~ ~e:'~ ~~ ~mmiSSion ~¿~) ~airman, Planning and Zoning Cômmission PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF JANUARY 2000. (} ¡¿~¡¿ _L ¿?'4-- '(' Mayor City of North Richland Hills, Texas ATTEST: ØáÓUità~ City Secretary City of North Richland Hills, Texas APP7=?1Jo¿°NT ~inin~~or T: Ordinance No. 2447 Page 4 of 5 '-.,' _.I ~ ~ö 0:::< .....:;: (f)::¡ - U> 0 :>-.... a:::...I o~ -.JQ. I..L.~ :I: ~ 0::: o Z c:r- 02 o ~ Exhibit "A" of Ordinance 2447 ./. .. ~ i.. ... 4r) ~ ...., ZSIIVE AND EXCEPT' ~' I , , ~WEST EAST 3~8.8 ~85.46' ¡~EÅ T ~"_21' ___ ·'13.13~ ...: _ ~ ~\AE~\ ß~ ~n\~..~ 1 ~ O\J." ó.:ß ~O;: . -- ° 0, N po 1.60 ACRES co o Ir¡tI I'r) ~ - \.., ", .~-,,:....,...~~".~...'-.... .... '. . _, ,r .1....--'-· ...... . WEST 3l\S.9' PLAtt: OF IECiIYHUIG ,- ~.- o o o .-4 'G€/lEt 57/,t'\1~1: 5!'Ð . =.. /~ :I: ..... ::> o (f) . PLAcE OF BEGIHNING DESCRIPTION OF PROPERTY lõ BEING a part of the A. G. o Walker Survey, Abstract No. ~ 1630 in Tarrant County, Texas described by metes and bounds ;::: as follows I g BECINNING at an jron roè IJì 834.5 feet (304 varasr Eas t and 448.7 feet (158.7 var~s) South of the Northwest corner of the A. G. Walker Survey, said point being within the Will Snow property: THENCE South 200 feet tc an iron rod for corner; corner in the East line of . THENCE West 348.9 feet to an iron pin for Flory Street; THENCE North alonq said R.O.W. line 200.0 feet to an THENCE East 348.0 feet to the place of be~inning and acres of land, more or less. Ordinance No. 2447 Page 5 of 5 iron pin for corner containing l.6 '"6".....~ .-.. ..,,,.....""" ....... _. '''.··.1 - JUt"-~" "01' ..'.... - ,.,.............. ...,.... 'r1'llCO- . .~III'- _._._-_._-_._._._._._._._._._.-._._._._._-_._.~ r·-·---·---,_._ ." I t Trod one aM ~- ! ---- A~ ..f..- -1 ~ _ ,~ 0:: F I CD II·s · .... 't) 1.5 --:1£ i - 1:'1H"'.1 ~ ! .... ·,1 ¡,.\F- I'" . '" I . r ž ____ . . "'. ..... 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A..e._ ............ ~~:"':-"'.., ..;:.¡ š['''' ~·~f:~~r1 .-....,....,...... ......_ .~.~i:P' ~~.!~I ==== 1---- --I- -- . - . --- INVOICE Star-Telegram 400 w. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Start Date: Bill To: CITY OF NO RICHLAND HILLS/SECRE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- CIT 13 164007081 12/27/99 Net due in 21 days 12/31/99 16400708 073 NOTICE OF PUBLI 12/27/99 ~ G FOR T NORTH !S, Sales Disc "fu~~ ~c::: INC. Notice is hereby given to all in· terested persons that ,the . City Council of North Rich· land Hillshi'exas will conduct a public earing on Monday ; ~Yð3i~J~r~~h~ t?¡y 2c?~~~i\ Chambers. 7301 Northeast loop 820, North Richland Hills, Texas, to consider are· quest from Carrera Con-, sultina; En,lIlneersr..lnc., to I rezone a Tract 4t""l. A. G. Walker Survey. Abstract I 1630, containing apprOXI" I mately.l.60 açres. The appli· cant is requesting to rezone ¡ f1'~lti ~~~~t¡o ¿rF,~o~~¡"~ ~ta¡ob'1" ?i~~~ší~~~t located \ All interested parties will be given an opportunity to ap· pear and be heard and ex· press their" views. Please contect tile Pl;annln& depwt- ment C()f\ :erAlnJ aw -, 50 !ions, at 7301 , lOØP 120, North Hills Texas, 1. tTHE S1 Altt~~~,7,~",,--~ County of Tarrant 1358 38 38 LINE Net Amount: /)/" d / L ,,/,, I.- t·/( (( p <.7 "-(¿-t..) $5.51 $209.38 ($195.70) $13.68 Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: ~~~~~~ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, DeCe~.rl9: 1999. )~ ~ N~ryPu* ~. 1 ~, ,- - - ~~::,:s~:~~~f~Li- - ~ 1 ~ SEPTEM8EFl13,2008 : ank You For Your Payment - - - - - - - - - - L - _ _ _ _ ~_......( _ "_ ~m_ ------------