Loading...
HomeMy WebLinkAboutOrdinance 3863 ORDINANCE NO. 3863 ZONING CASE ZC24-0106 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 3.095 ACRES OF LAND LOCATED AT 8017 VALLEY DRIVE FROM AG (AGRICULTURAL) TO RE-1 (RESIDENTIAL ESTATE); 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 3.095 acres of land located at 8017 Valley Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to RE-1 (Residential Estate); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on August 15, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on August 26, 2024, with respect to the zoning change described herein; and Ordinance No.3863 ZC24-0106 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 RE-1 (Residential Estate) 3.095 acres of property described as Tracts 1 and 1C4 Stephen Richardson Survey, Abstract 1266; and Tract 1 B2D, John Condra Survey, Abstract 310, commonly referred to as 8017 Valley 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 Managing Director of Development Services is directed to revise the official zoning map to reflect the approved RE-1 (Residential Estate) 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. Ordinance No. 3863 ZC24-0106 Page 2 of 4 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 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 as required by law, if applicable. SECTION 10: This ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of August, 2024. CITY OF NORTH RICHLAND HILLS By: / e.L I, Kelvin Deu,�1% e, Maytir Pro Tem Ordinance No.3863 ZC24-0106 Page 3 of 4 ATTEST: .�`1�`!HL rrrr''% , n • Alicia Richardson SO � • City Secretary/Chief Governan&elp, ce*• .s—. �'�rrrreRa +' APPROVED AS TO FORM AND LEGALITY: dUka Cara Leahy White, In enm City torney APPROVED AS TO CONTENT: Clayton Co stock Managing Director of Development Services Ordinance No.3863 ZC24-0106 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3863—Page 1 of 1 Zoning Case ZC24-0106 Tracts 1 and 1C4,Stephen Richardson Survey,Abstract 1266 Tract 1B2D,John Condra Survey,Abstract 310 8017 Valley Drive, North Richland Hills,Texas WHEREAS Marc Anthony Trevino and Courtney Trevino are owners of all that certain 3.095 acres of land,which is the property described in the deed recorded in D224083156 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the S. Richardson Survey,A-1266,and the J.Condra Survey,A-310,City of North Richland Hills, Tarrant County, Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a1-inch iron rod found for the northeast corner of the herein described tract,common to the southeast corner of a 2.26 acre tract described in the deed to Doug Mann and Elizabeth Mann, recorded in Document Number D218053418 D.R.T.C.T.,and in the west right-of-way line of Valley Drive(60'R.O.W.); THENCE South 00 degrees 21 minutes 15 seconds East- 197.70 feet along the west right-of-way line of said Valley Drive, to a '/s-inch iron rod found for the most easterly southeast corner of the herein described tract, common to the northeast corner of the 2.00 acre tract described in the deed to Dale D. Eddy and Sandra L. Eddy, recorded in Volume 5514, Page 758, D.R.T.C.T., from which a 3/4-inch iron rod (bent) found for the southeast corner of said 2.00 acre tract bears South 00 degrees 21 minutes 15 seconds East - 197.90 feet (called 198.0 feet); THENCE North 89 degrees 30 minutes 00 seconds West-440.40 feet to a 1-inch iron rod with a cap stamped "SPRY 5647"found for a point for corner of the herein described tract,common to the northwest corner of said 2.00 acre tract; THENCE South 00 degrees 21 minutes 15 seconds East- 197.90 feet to a 1/2-inch iron rod with a cap stamped "SPRY 5647" found for most southerly southeast corner of the herein described tract, common to the southwest corner of said 2.00 acre tract,common to the northeast corner of the 2.334 acre tract described in the deed to Loyd Gene Martin and Linda Carol Martin,recorded in Volume 7788, Page 1239 D.R.T.C.T THENCE North 89 degrees 30 minutes 00 seconds West—120.70 feet along the north line of said 2.334 acre tract, to a 1-inch iron rod found for the southwest corner of the herein described tract, common to the southeast corner of the 5.88 acre tract described in the deed to Henry A. Melendez, recorded in Document Number D215063559 D.R.T.C.T.; THENCE North 00 degrees 21 minutes 15 seconds West-395.60 feet along the east line of said 5.88 acre tract, to a'/z-inch iron rod with a cap stamped"SPRY 5647"found for most northwest corner of the herein described tract,common to the southwest corner of said 2.26 acre tract; THENCE South 89 degrees 30 minutes 00 seconds East- 561.10 feet along the south line of said 2.26 acre tract,to the POINT OFBEGINNING and containing 3.095 acres(134,801 square feet)of land. The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer CentrMcClatchy Idaho toDaily Times The Islana City Rock Hill I The Herald Sun Herald The Kansas City Star The Sacramento Bee Idaho Statesman Lexington Herald-Leader San Luis Obispo Tribune Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 587511 Print Legal Ad-IPL01915070-IPL0191507 $48.68 1 51 L Attention: Traci Henderson 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 Mary Castro,Bid and Legal Coordinator for the Star- treasury@nrhtx.com;thenderson@nrhtx.com Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who, CITY OF N HIRRRICHLAND after being duly sworn,did depose and say that ORDINANCE NO.3863 AN ORDINANCE OF THE CITY OF the attached clipping of an advertisement was NORTH RICHLAND HILLS,TEX- published in the above named paper on the listed AS, AMENDING THE ZONING ORDINANCE OF THE CITY OF dates: NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY TEXASNORTHOF RICHLAND GG HILLS,0 1 insertion(s)published on: ACRES OF LAND LOCATED AT 8017 VALLEY DRIVE FROM 08/30/24 AG (AGRICULTURAL) TO RE-1 (RESIDENTIAL ESTATE); PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS;PROVIDING FOR PUB- LICATION;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 �y con- viction thereof fined inan amount Ca not to exceed Two Thousand Dollars (S2,000.00).Each day any such viola- tion shall be allowed to continue shall constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 26th day of August,2024. Sworn to and subscribed before me this 30th day of CITY OF NORTH RICHLAND HILLS By:/s/KeMn Deupree August in the year of 2024 Kelvin Deupree,Mayor Pro Tern ATTEST:Is/Alicia Richardson Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White Cara Leahy White, Interim City Attor- ney AugIPL01 �� ug 30 20202 4 F Notary Public in and for the state of Texas,residing in Dallas County STEPHANIE HATCHER : .•- My Notary I6 41335344126 ki Expires January 14,2026 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!