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HomeMy WebLinkAboutOrdinance 3880 ORDINANCE NO. 3880 ZONING CASE ZC24-0119 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 1.89 ACRES OF LAND LOCATED AT 8033 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 1.89 acres of land located at 8033 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 December 2, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on December 9, 2024, with respect to the zoning change described herein; and Ordinance No. 3880 ZC24-0119 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) 1.89 acres of property described as Tract 2B21, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8033 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. 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 Ordinance No. 3880 ZC24-0119 Page 2 of 4 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 9th day of December, 2024. CITY OF NORTH RICHLAND HILLS —777( r \7( J k McCarty, Mayor Ordinance No. 3880 ZC24-0119 Page 3 of 4 ATTEST: eeeee� GHL,q�O''•. r bkttzeD tl-B' • fni Alicia Richardson oO .• City Secretary/Chief Governai' Jr 'Sd APPROVED AS TO FORM AND LEGALITY: Bradley A. nderle, City Attorney APPROVED AS TO CONTENT: Clayton Com ock Managing Director of Development Services Ordinance No. 3880 ZC24-0119 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3880—Page 1 of 1 Zoning Case ZC24-0119 Tract 2B21,Stephen Richardson Survey,Abstract 1266 8033 Valley Drive,North Richland Hills,Texas WHEREAS SUSAN DENZLER THORNTON is the sole owner of a 1.8923 acre tract of land located in the Stephen Richardson Survey,Abstract No.1266,City of North Richland Hills,Tarrant County,Texas,said 1.8923 acre tract being all of that certain tract of land conveyed to SUSAN DENZLER THORNTON(hereinafter referred to as Thornton tract), by deed thereof filed for record in Tarrant County Clerk's Instrument No. D203419182, O.P.R.T.C.T.,said 1.8923 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with found at the southeast property corner of the said Thornton tract,same being the northeast property corner of a called 2.26 acre tract of land conveyed to Doug and Elizabeth Mann, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D218053418, said beginning point being on the west right-of-way line of Valley Drive(a variable width public right-of-way),said beginning point also being South 26°49'44" East, a distance of 2,380 feet from the northwest corner of the said Stephen Richardson Survey; THENCE North 89°28'33"West, along the common property line of the said Thornton tract and the said 2.26 acre tract, a distance of 519.21 feet to the southwest property corner of the said Thornton tract,same being the northwest property corner of the said 2.26 acre tract, and being on the east property line of a called 5.88 acre tract of land conveyed to Henry A. Melendez, by deed thereof filed for record in Tarrant County Clerk's Instrument No,D215063559,O.P.R.T.C.T.,from which a 5/8 inch iron rod found bears North 28°53'41"West, a distance of 1.14 feet; THENCE North 00°35'27"West, along the common property line of the said Thornton tract and the said 5.88 acre tract, a distance of 180.43 feet to a 5/8 inch iron rod found at the northwest property corner of the said Thornton tract,same being the southwest property corner of a called 1.44 acre tract of land conveyed to Orton Family Trust, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D222183734, O.P.R.T.C.T.; THENCE South 89°35'51" East, along the common property line of the said Thornton tract and the said 1.44 acre tract,a distance of 373.01 feet to a 1/2 inch iron rod found at the most northerly northeast property corner of the said Thornton tract,same being the southeast property corner of the said 1.44 acre tract,said iron rod found being on the said west right-of-way line of Valley Drive,and being at the beginning of a non-tangent curve to the left having a radius of 470.80 feet; THENCE alongthe east property lines of the said Thornton tract and alongthe said right-of-way line,along said curve to the left, an arc length of 80.12 feet, and across a chord which bears South 45°31'54" East, a chord length of 80.02 feet to a 1/2-inch iron rod found at the beginning of a non-tangent curve to the right having a radius of 410.78 feet; THENCE continuing along the said east property lines and the said right-of-way line, along said curve to the right, an arc length of 156.74 feet, and across a chord which bears South 35°42'52" East, a chord length of 155.79 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 1.8923 acres (82,429 square feet)of land,more or less. pedezda f4 4p.deueet STATE OF TEXAS COUNTY OF TARRANT I, LEEANNA RHODES, OFFICE MANAGER of the COMMERCIAL RECORDER,am over the age CITY OF NORTH RICHLAND HILLS of 18, have knowledge of the facts stated herein, ORDINANCE NO.3880 AN ORDINANCE OF THE and am otherwise competent to make this CITY OF NORTH RICHLAND affidavit. The COMMERCIAL RECORDER, of Fort HILLS, TEXAS, AMENDINE THE ZONING ORDINANCE Worth,Tarrant County,Texas, is a newspaper of OF THE CITY OF NORTH _ RICHLAND HILLS,AND THE general circulation Which fia5 been published in--- --ZONING,MAPhOF THE CITY OF NORTH RICHLAND HILLS, Tarrant County regularly and continuously for a TEXAS BY REZONING 1.89 period of over one year prior to the first day of ACRES OF LAND LOCATED AT 8033 VALLEY DRIVE publication of this notice. The COMMERCIAL FROM AG(AGRICULTURAL) • TO RE-1'(RESIDENTIAL ES- RECORDER is qualified to publish legal notices TATE); PROVIDING THAT accordingto Article 28e, Revised Civil statutes of THIS ORDINANCEF SHALL BE CUMULATIVE OF ALL OR- Texas. DINANCES;PROVIDING FOR SEVERABILITY;ESTABLISH- ING A PENALTY;PROVIDING I,solemnly swear that the notice hereto attached FOR SAVINGS; PROVIDING FOR PUBLICATION; AND was published in the COMMERCIAL RECORDER, PROVIDING AN EFFECTIVE on the followingdates,to-wit: DATE. Any person, firm or cor- poration violating any pro- December 30,2024 vision of the Zoning Ordi- nance and the zoning map of the City of North Richland vaapio sha l e amended hereby FitrA shall be deemed guilty of a misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed Sworn to and subscribed before me this Two Thousand Dollars ($2,000.00). Each day any such violation shall be al- 30th day of December,A.D. 2024 lowed to continue shall con- stitute a separate violation and punishable hereunder: PASSED AND APPROVED on this 9th day of December, 2024. CITY OF NORTH RINotary Public, County,Texas y:/s/Jac HILLS > By:/s/Jack McCarty Jack McCarty,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson < Y City Secretary/ � c% FELIPE FACUNDO,JR Chief Governance Officer APPROVED *= *` My Notary ID#129755308 AND LEGALITY:S TO FORM %%fir.-• .e: EY i'es March 20,202, /s/Bradley A.Anderle ? Bradley'A.Anderle, City Attorney 12-40