HomeMy WebLinkAboutOrdinance 3868 ORDINANCE NO. 3868
ZONING CASE ZC24-0109
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 3.93 ACRES OF LAND
LOCATED AT 8320 DAVIS BOULEVARD FROM AG
(AGRICULTURAL) TO 0-1 (OFFICE); 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 3.93 acres of land
located at 8320 Davis Boulevard(the "Property") has filed an application to
rezone the Property from its present classification of AG (Agricultural) to
0-1 (Office); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 5, 2024, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on September
23, 2024, with respect to the zoning change described herein; and
Ordinance No.3868
ZC24-0109
Page 1 of 5
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 0-1 (Office) 3.93 acres of
property described as a portion of Tract 7A4, Stephen Richardson Survey,
Abstract 1266, commonly referred to as 8320 Davis Boulevard, 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 0-1 (Office) 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 shall be declared unconstitutional by the valid judgment
Ordinance No. 3868
ZC24-0109
Page 2 of 5
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 23rd day of September, 2024.
CITY OF NORTH RICHLAND HILLS
---2R ( -34
ack McCarty, Mayor
Ordinance No. 3868
ZC24-0109
Page 3 of 5
ATTEST: ototis„u,,ki-ke,„.v.-Likl r: • r
7w
Alicia Richardson - '•, r1 ;-src
City Secretary/Chief Go Arree•OfF1,e
APPROVED AS TO FORM AND LEGALITY:
Bradley Berle, Interim City Attorney
APPROVED AS TO CONTENT:
Clay on mstock
Managing Director of Development Services
Ordinance No. 3868
ZC24-0109
Page 4 of 5
Ordinance No. 3868
ZC24-0109
Page 5 of 5
Exhibit A—Property Description—Ordinance No. 3868—Page 1 of 2
Zoning Case ZC24-0109
Tract 7A4,Stephen Richardson Survey,Abstract 1266
8320 Davis Boulevard, North Richland Hills,Texas
BEING allthat certain lot,tract or parcel of land situated in the Stephen Richardson Survey,Abstract
Number 1266,City of North Richland Hills,Tarrant County,Texas,and being all of that certain called
3340.16 square feet tract of land described in deed in favor of L.C.T. Properties recorded in Volume
10075, Page 890(Instrument Number D190174808)of the Official Public Records of Tarrant County,
Texas, and being part of that certain called 4.0 acre tract of land described in deed in favor of L.C.T.
Properties recorded in Volume 11691, Page 1668 (Instrument Number D194185190) of the Official
Public Records of Tarrant County,Texas,and being more particularly described as follows:
BEGINNING at a 1/2-inch rebar found at the southeast corner of said 4.0 acre tract, being the
southwest corner of Lot 9,Block 4 of Thornbridge Phase I,an addition the City of North Richland Hills,
Tarrant County,Texas,according to the Amended Final Plat thereof recorded in Cabinet A,Slide 373
(Instrument Number D190044023) of the Map Records of Tarrant County, Texas, and being on the
north line of that certain called 1.1497 acre tract of land described in deed in favor of Joyce Greer
Hartman recorded in Instrument Number D211222434 of the Official Public Records of Tarrant
County,Texas;
THENCE North 87 degrees 10 minutes 30 seconds West, 496.19 feet with the south line of said 4.0
acre tract and the north line of said 1.1497 acre tract, passing the northwest corner thereof, being
the northeast corner of that certain called 30.4 acre tract of land described in deed in favor of J. A.
Holder and wife, Ethel Holder recorded in Volume 2287, Page 91 of the Deed Records of Tarrant
County, Texas, and being the northeast corner of Lot 3 of Holder Smithfield Estates, an addition
Tarrant County,Texas, according to the plat thereof recorded in Volume 388-34, Page 57 of the Map
Records of Tarrant County,Texas, continuing with the north line of said 30.4 acre tract and the north
line of Lots 3,2 and 1 of said Holder Smithfield Estates to a1-inch capped rebar set(McADAMS) on
the east line of Davis Boulevard (F.M. 1938 called 120-foot right-of-way) at the southwest corner of
said 4.0 acre tract, being northwest corner of said Lot 1, and being the southeast corner of that
certain called 1.876 acre tract of land described in deed in favor of Tarrant County recorded in
Volume 3012, Page 373 of the Deed Records of Tarrant County, Texas, and being the northeast
corner of that certain called 1.065 acre tract of land described in deed in favor of Tarrant County
recorded in Volume 3014, Page 317 of the Deed Records of Tarrant County,Texas;
THENCE with west line of said 4.0 acre tract and the east line of said Davis Boulevard and the east
line of said 1.876 acre tract,with the arc of a curve to the left having a radius of 1969.9 feet,a central
angle of 00 degrees 43 minutes 38 seconds and an arc length of 25.00 feet whose chord bears North
30 degrees 14 minutes 19 seconds East, 25.00 feet to a '/2-inch capped rebar set (McADAMS) at a
point of tangency;
THENCE North 29 degrees 52 minutes 30 seconds East, 212.04 feet continuing with the west line of
said 4.0 acre tract and east line of said Davis Boulevard and the east line of said 1.876 acre tract to
a Texas Department of Transportation (TXDOT) concrete monument with brass disc found at the
southwest corner of that certain called 0.066 acre tract of land described in deed in favor of the State
of Texas, recorded in Volume 11691, Page 1675 (Instrument Number D194185191) of the Official
Public Records of Tarrant County,Texas;
Exhibit A—Property Description—Ordinance No. 3868—Page 2 of 2
Zoning Case ZC24-0109
Tract 7A4,Stephen Richardson Survey,Abstract 1266
8320 Davis Boulevard, North Richland Hills,Texas
THENCE South 60 degrees 09 minutes 40 seconds East, 11.34 continuing with the east line of said
Davis Boulevard and the south line of said 0.066 acre tract to a TXDOT concrete monument with
brass disc found at the southeast corner thereof;
THENCE North 29 degrees 49 minutes 00 seconds East, 250.02 feet continuing with the east line of
said Davis Boulevard and the east line of said 0.066 acre tract to a TXDOT concrete monument(brass
disc missing)found at the northeast corner thereof;
THENCE North 15 degrees 03 minutes 00 seconds East, 15.69 feet continuing with the east line of
said Davis Boulevard and the north line of said 0.066 acre tract to a TXDOT concrete monument
(brass disc missing)found at the northwest corner thereof,and being on the west line of said 4.0 acre
tract and the east line of said 1.876 acre tract;
THENCE North 29 degrees 52 minutes 30 seconds East,continuing with the west line of said 4.0 acre
tract and the east line of said Davis Boulevard and the east line of said 1.876 acre tract, passing at
71 feet the northeast corner of said 4.0 acre tract and the southwest corner of the aforementioned
3340.16 square feet tract, continuing with the west line thereof a total distance of 125.18 feet to a
1/2-inch capped rebar set(McADAMS)at the north corner of said 3340.16 square feet tract, being the
southwest corner of Lot 1,Block 4 of the aforementioned Thornbridge Phase I,from which a 5/8-inch
capped rebar found (KHA) at the northwest corner of Lot 2R3R1, Block 1 of Davis-North Tarrant
Parkway Addition, an addition to the City of North Richland Hills, Tarrant County,Texas, according
to the plat thereof recorded in Instrument Number D219243179 of the Official Public Records of
Tarrant County,Texas, bears North 29 degrees 52 minutes 30 seconds East, 1621.9 feet;
THENCE South 65 degrees 40 minutes 45 seconds East, 123.93 feet with the north line of said
3340.16 square feet tract and the south line of said Lot 1, Block 4,to a fence corner post in concrete
on the east corner of said 3340.16 square feet tract and the southeast corner of said Lot 1, Block 4,
being the westerly southwest corner of Lot 2, Block 4 of said Thornbridge Phase I, and being the
northwest corner of that certain called 3340.16 acre tract of land described in deed to Sandlin &
Barfield Joint Venture recorded in Volume 10021, Page 589 (D190140512) of the Official Public
Records of Tarrant County,Texas;
THENCE South 21 degrees 48 minutes 00 seconds East, 148.42 feet with the west line of said Sandlin
& Barfield tract and the southwesterly line of said Lot 2, Block 4, to a 5/8-inch rebar found at the
south corner of said Sandlin &Barfield tract and the southerly southwest corner of said Lot 2, Block
4, being the northwest corner of Lot 7, Block 4 of said Thornbridge Phase I,and being on the east line
of said 4.0 acre tract;
THENCE South 02 degrees 34 minutes 25 seconds East, 376.43 feet with the east line of said 4.0
acre tract and the west line of Lots 7, 8 and 9, Block 4 Of said Thornbridge Phase Ito the POINT OF
BEGINNING and containing approximately 3.930 acres 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
McClatchyCentre Daily Times The Island Packet 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 596879 Print Legal Ad-IPL01964980-IPL0196498 Trad Henderson $46.16 1 48 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 NORTH HRICHLAND after being duly sworn,did depose and say that
ORDINANCE NO.3868 the attached clipping of an advertisement was
AN Y OF
NORTH RICHLLAND CE FHILLS,TTEXAS published in the above named paper on the listed
AMENDING THE ZONING ORDINANCE dates:
OF THE CITY OF NORTH RICHLAND
HILLS,AND THE ZONING MAP OF THE
CITY OF NORTH RICHLAND HILLS,
TEXAS BY REZONING 3.93 ACRES 1 insertion(s)published on:
OF LAND LOCATED AT 8320 DAVIS
BOULEVARD FROM AG (AGRICUL- 09/27/24
TURAL)TOO-1(OFFICE);PROVIDING
THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANC-
ES;PROVIDING FOR SEVERABILIY;
ESTABLISHING A PENALTY;PROVID-
ING FOR SAVINGS;PROVIDING FOR
PUBUCATION; 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 Mt f C —ro
constitute a separate violation and f
punishable hereunder.
PASSED AND APPROVED on this 23rd
day of September,2024.
CITY OF NORTH RICHLAND HILLS
By:/s/Jack McCarty
Jack McCarty,Mayor Sworn to and subscribed before me this 27th day of
ATTEST:
/s/Alicia Richardson September in the year of 2024
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Bradley Anderle
Bradley Anderle,Interim City Attorney
IPL0196498
Sep 27 2024 cath a r
V/tflN
Notary Public in and for the state of Texas.residing in
Dallas County
"'• *' Ar:MARGARET KATHLEEN WILSON
'•= �,� :°' My Notary ID#134916732
14;a• .tl Expires May 24,2028
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