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HomeMy WebLinkAboutOrdinance 3769 ORDINANCE NO. 3769 ZONING CASE ZC22-0040 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 1.45-ACRE TRACT OF LAND LOCATED AT 8900 KIRK LANE FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE- FAMILY); 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 1.45 acres of land located at 8900 Kirk Lane (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R-1-S (Special Single-Family); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 17, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 2022, with respect to th e zoningchange described and 14, p g herein; III Ordinance No.3769 ZC22-0040 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-S (Special Single- Family) 1.45 acres of property described as Tract 18A1, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8900 Kirk Lane, 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-S (Special Single-Family) 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 comprehensiveplan for the purpose of promotingthe health, safety, p p p 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.3769 ZC22-0040 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. 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 14th day of November, 2022. CITY O N RTH HILLS y��' "u"fill' Oscar evino ayor f ATTEST: C .r_ =Z; i, Alicia Richardson - City Secretary/Chief Gover itmen fficer Ordinance No.3769 ZC22-0040 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C tock, Planni Director Ordinance No.3769 ZC22-0040 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3769—Page 1 of 1 Zoning Case ZC22-0040 Tract 18A1,Stephen Richardson Survey,Abstract 1266 8900 Kirk Lane, North Richland Hills,Texas BEING a tract of land out of the Stephen Richardson Survey, Abstract Number 1266 in the City of North Richland Hills,Tarrant County,Texas,and being the same tract of land described by deed to MPN Services LLC as recorded under Document Number D221038654, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System,Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)): BEGINNING at a 5/8-inch rebar found for the northeast corner of said MPN tract and the herein described tract; THENCE with the perimeter and to the corners of said MPN tract,the following calls: 1.South 00 degrees 04 minutes 55 seconds East, a distance of 316.70 feet to a point from which a 5/8-inch rebar found bears South 43 degrees West,a distance of 0.49 feet; 2. North 89 degrees 39 minutes 55 seconds West, a distance of 200.00 feet to a 5/8-inch rebar with cap stamped "BURNS"found; 3. North 00 degrees 04 minutes 55 seconds West, a distance of 316.70 feet to a 5/8-inch rebar found; 4.South 89 degrees 39 minutes 55 seconds East,a distance of 200.00 feet, returning to the POINT OF BEGINNING and enclosing 1.454 acres(63,338 square feet) of land, more or less. F-eaut<_rt 13 al-2 tte The Herald-R•c k Hill el Nue,o Herald Miami Sun N:-,uv-Myrtle Beach Eell m•,Ile h4a ,-;EDerro._rat Herald Sun, Durham M dest•o Bee The News Tribune racorna BellingharnrHerald Idah_+3tare_=man PalHwzihNe.vs Obser,er The Tele-trapt-, Macon Bradenton Hrr Id laJand Packet The Oltrnpian San Lur .Obirpc Tribune ZAK 3+ I. . s .`\I .11'1 Centre L ail}Time- Kansas City Star Sacramento Bee Tn Ott Herald ,harlotte'3bser,er Le&.ingtan Herald-Leader Fort Worth star-Telegram Yaic ita Earle c•lumh..s Led..ler-Enquirer Merced 3"un-Star The State Columbia mbia Fresrra Bee Miami Herald Sun Herald Biio=.i AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 349204 Print Legal Ad-IPL00989010-IPL0098901 $8732 1 48 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 Stefani Beard,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 RICHLANDNCENO. HILLS after beingdulysworn,did depose and saythat ORDINANCE N0.3769 P 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 HILLS, AND THE ZONING MAP OF dates: THE CITY OF NORTH RICHLAND HILLS,TEXAS BY REZONING A 1.45- ACRE TRACT OF LAND LOCATED AT 8900 KIRK LANE FROM AG (AGRI- No.of Insertions: 2 CULTURAL)TO R-1-S(SPECIAL SIN- GLE-FAMILY);PROVIDING THAT THIS Beginning Issue of: 11/24/2022 ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING EndingIssue of: 11/25/2022 FOR SEVERABILITY;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 5-5 PASSED AND APPROVED on this 14th day of November,2022. t , CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor ATTEST: Sworn to and subscribed before me this 25th day of /s/Alicia Richardson Alicia Richardson November in the year of 2022 City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPL0098901 Nov 24-25 2022 Notary Public in and for the state of Texas,residing in Dallas County STEP}ANTE F•IATC}I;ER tr *_ # *= My NotanfIli*1 art,F„,• �YExpires January 14,2026 /i,F4 1 Extra charge for lost or duplicate affidavits. 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