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Home My WebLink AboutOrdinance 3744 ORDINANCE NO. 3744 ZONING CASE ZC22-0027 AN ORDINANCE 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 2.399-ACRE TRACT OF LAND LOCATED AT 8609 TIMBER DRIVE FROM AG (AGRICULTURAL) AND R-3 (SINGLE-FAMILY RESIDENTIAL) 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 2.399 acres of land located at 8609 Timber Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) and R-3 (Single-Family Residential) 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 June 2 and June 16, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 27, 2022, with respect to the zoning change described herein; and Ordinance No. 3744 ZC22-0027 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) and R-3 (Single-Family Residential) to R-1 (Single-Family Residential) 2.399 acres of property described as Lot 3, Holder Smithfield Estates, and Tract 7A5, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8609 Timber 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 Ordinance No. 3744 ZG22-0027 Page 2 of 4 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 27th day of June, 2022. CITY OF NORTH RICHLAND HILLS , By• UW Tito Rodriguez, Mayor Pro m Ordinance No. 3744 ZC22-0027 Page 3 of 4 ATTEST: ?`/*/: *..P ` ••�y .; ., Alicia Richardson =.,,,y,��•......• ``�� City Secretary/Chief Gove g ber APPROVED AS TO FORM AND LEGALITY: ClWat'CO. Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning.Director Ordinance No. 3744 ZC22-0027 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3744—Page 1 of 2 Zoning Case ZC22-0027 Lot 3, Holder Smithfield Estates;and Tract 7A5,Stephen Richardson Survey,Abstract 1266 8609 Timber Drive, North Richland Hills,Texas WHEREAS Patrick and Cassandra Holler are the owners of a 2.399 acre tract of land situated in the Stephen Richardson Survey, Abstract Number 1266, Tarrant County, Texas, and being all of Lot 3 of the Holder- Smithfield Estates, an addition to the City of North Richland Hills,Tarrant County,Texas according to the plat thereof recorded in Volume 388-34, Page 57, of the Plat Records, Tarrant County, Texas, and being all of that same tract of land described to Patrick Holler and Cassandra Holler in Warranty Deed recorded in Document Number D221303910, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch rebar found for the southwest corner of said Lot 3, same being the southeast corner of Lot 2 of said Holder-Smithfield Estates, and lying on the northeast right-of-way line of Timber Drive (60-foot right-of-way); THENCE North 21 degrees 54 minutes 07 seconds East departing the northeast right-of-way line of said Timber Drive,with the west line of said Lot 3, and the east line of said Lot 2, a distance of 251.12 feet to a 1/2-inch rebar capped"WINDROSE" set for the northwest corner of said Lot 3, same being the northeast corner of said Lot 2,and lying on the south line of that same tract of land described to L.C.T. Properties in Special Warranty Deed recorded in Document Number D194164275 Deed Records,Tarrant County,Texas; THENCE South 87 degrees 08 minutes 56 seconds East with the north line of said Lot 3, same being the south line of said L.C.T. Properties tract, a distance of 162.00 feet to a 1/2-inch rebar stamped "BURNS" found for the northeast corner of said Lot 3,same being a northwest corner of said Holler tract; THENCE South 87 degrees 22 minutes 24 seconds East with the north line of said Holler tract,same being the south line of said L.C.T.Properties tract,a distance of 59.25 feet to a 1/2-inch rebar capped"WINDROSE" set for the southeast corner of said L.C.T. Properties tract,same being the southwest corner of Lot 9,Block 4, of the Thornbridge Addition, Phase I, an addition to the City of North Richland Hills, according to the plat thereof recorded in Cabinet A,Slide 373, Plat Records,Tarrant County,Texas; THENCE South 86 degrees 35 minutes 54 seconds East with the north line of said Holler tract and the south line of said Lot 9,a distance of 156.70 feet to a 1/2-inch rebar found for the southeast corner of said Lot 9,same being a point on the west line of Lot 11, Block 4 of said Thornbridge Addition, Phase I; THENCE South 04 degrees 36 minutes 14 degrees East with the west line of said Block 4, passing at a distance of 143.89 feet, a wood fence post found for the southwest corner of Lot 12, Block 4 of said Thornbridge Addition, Phase I and continuing with the west line of said Block 4,a total distance of 207.53 feet to a 1/2-inch rebar capped "WINDROSE"set on the west line of said Block 4,same being the southeast corner of said Holler tract; THENCE South 86 degrees 32 minutes 40 seconds West, departing the west line of said Block 4, with the south line of said Holler tract and with a north line of Lot 4, of said Holder-Smithfield Estates, a distance of 234.31 feet to a 1/2-inch rebar capped "WINDROSE" set for the southeast corner of said Lot 3, same being an exterior"ell" corner of said Lot 4; Exhibit A—Property Description—Ordinance No. 3744—Page 2 of 2 Zoning Case ZC22-0027 Lot 3, Holder Smithfield Estates;and Tract 7A5,Stephen Richardson Survey,Abstract 1266 8609 Timber Drive, North Richland Hills,Texas THENCE South 74 degrees 37 minutes 17 seconds West wit h a south line of said Lot 3 and a north line of said Lot 4,a distance of 178.18 feet to a point for the southernmost corner of said Lot 3 and the northwest corner of said Lot 4,and lying on the northeast right-of-way line of said Timber Drive,said point being the beginning of a non-tangent curve to the left, having a radius of 165.95 feet, a central angle of 34 degrees 41 minutes 40 seconds and a chord bearing and distance of North 56 degrees 01 minutes 00 seconds West,98.96 feet; THENCE in a northwesterly direction, with the curving northeast right-of-way line of said Timber Drive, and with said curve to the left, an arc length of 100.49 feet to the POINT OF BEGINNING and containing 2.399 acres or 104,496 square feet, of land, more or less. �e AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 286591 Print Legal Ad-IPLOW0137 ORDINANCE N0.3744 $90.68 1 50 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 RICHLAND HILLS after beingduly sworn,did depose and say that ORDINANCE NO.3744 Y p Y AN ORDINANCE OF THE CITY OF the attached clipping of an advertisement was NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE published in the above named paper on the listed OF THE CITY OF NORTH RICHLAND dates: HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS,TEXAS BY REZONING A 2.399- ACRE TRACT OF LAND LOCATED AT No.of Insertions: 2 8609 TIMBER DRIVE FROM AG(AGRI- CULTURAL)AND R-3(SINGLE-FAMILY RESIDENTIAL)TO R-1 (SINGLE-FAM- Beginning Issue of: 07/07/2022 ILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- EndingIssue of: 07/08/2022 LATIVE OF ALL ORDINANCES; PRO- VIDING FOR SEVERABILITY; ESTAB- LISHING A PENALTY;PROVIDING FOR SAVINGS;PROVIDING FOR PUBLICA- TION;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. PASSED AND APPROVED on this 27th , day of June,2022. CITY OF NORTH RICHLAND HILLS By:/s/Tito Rodriguez Tito Rodriguez,Mayor Pro Tom Sworn to and subscribed be ore me this 8th day of July ATTEST: in the year of 2022 /s/Alicia Richardson Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPL0080137 Jul 7-8 2022 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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