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HomeMy WebLinkAboutOrdinance 3882 ORDINANCE NO. 3882 ZONING CASE ZC24-0118 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 1,140 SQUARE FEET OF LAND LOCATED AT 7536 KIRK ROAD FROM R-2 (SINGLE-FAMILY RESIDENTIAL) 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 1,140 square feet of land located at 7536 Kirk Road (the "Property") has filed an application to rezone the Property from its present classification of R-2 (Single-Family Residential) 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. 3882 ZC24-0118 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 R-2 (Single-Family Residential) to RE-1 (Residential Estate) 1,140 square feet of property described as a portion of Lot 1, Block 1, Taylor's Place, commonly referred to as 7536 Kirk Road, 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. 3882 ZC24-0118 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 J McCarty, Mayor Ordinance No. 3882 ZC24-0118 Page 3 of 4 ATTEST: $ CHL4 ,� :o n ez r Alicia Richardson s� '' ... City Secretary/Chief Goverrfheypffl�*t APPROVED AS TO FORM AND LEGALITY: Bradley nderle, City Attorney APPROVED AS TO CONTENT: Clayton Comstock Managing Director of Development Services Ordinance No. 3882 ZC24-0118 Page 4 of 4 Exhibit A-Property Description-Ordinance No.3882-Page 1 of 2 Zoning Case ZC24-0118 Lot 1, Block 1,Taylor's Place 7536 Kirk Road,North Richland Hills,Texas All that certain 1,140 square feet of land out of Lot 1, Block 1,Taylor's Place, an addition to the City of North Richland Hills, recorded in Cabinet A,Slide 11323, in the Plat Records of Tarrant County,Texas (P.R.T.C.T.), 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 the southeast corner of said Lot 1,Block 1,Taylor's Place,common to the northwest corner of Lot 2, Block 1,Taylor's Place,in the west line of Lot 5, Block 1,Taylor's Place,an addition to the City of North Richland Hills,recorded in Document Number D212133805,P.R.T.C.T.; THENCE South 89°52'00"West-114.00'along the south line of said Lot 1, Block 1,Taylor's Place,common to the north line of said Lot 2, Block 1,Taylor's Place,to the southwest corner of said Lot 1, Block 1,Taylor's Place, common to the northwest corner of said Lot 2, Block 1,Taylor's Place, in the east right-of-way line of Kirk Road(right-of-way varies); THENCE North 00°08'00"West-10.00'along the west line of Lot 1, Block 1,Taylor's Place,common to the east right-of-way line of said Kirk Road,to the northwest corner of the herein described tract; THENCE North 89°52'00"East-114.00',ten feet(10')perpendicular and parallel to the south line of said Lot 1, Block 1,Taylor's Place,common to the north line of Lot 2, Block 1,of said Taylor's Place,to the northeast corner of the herein described tract,in the east line of said Lot 1,Block 1,Taylor's Place,common to the west line of said Lot 5,Block 1,Taylor's Place; THENCE South 00°08'00" East- 10.00'along the east line of said Lot 1, Block 1,Taylor's Place, common to the west line of said Lot 5, Block 1,Taylor's Place to the POINT OF BEGINNING and containing 1,140 square feet of land. Exhibit A—Property Description—Ordinance No.3882—Page 2 of 2 Zoning Case ZC24-0118 Lot 1,Block 1,Taylor's Place 7536 Kirk Road,North Richland Hills,Texas LINE TABLE LINE BEARING DISTANCE Li N 0008'00" W 10.00' KIRK LANE L2 S 00-08'00 E 10.00' (R,.0.W. VARIES) 1 _1 ;..:- -- 7536 'KIRK ROAD X- LOT I, BLOCK 'I I • V /.' .„TAYLOR'S?LACE ., • 0A13. AU DE 11323 4' 4 FUTURE LOT IR 74 1 0.2103 ACRES 8800 KIRK LANE 5, BLOCK 1 2' I plqb *;).F-f., TAYLOR'.S 'PLACE 2 TRACT.A-1,140 S0. FT. DOC. NO. D12133805 i P.R.T.:C:T.FiEzoNE FROM 1:2. 2 TO RE1 Ii 7 r i. 41 .3,9,". 2 00 E 114.grp- ..I FUTURE LOT 5R 1.9-90 ACRES 86,698 SQ.FT, i sc5...• ,V,P(/. : . „ s: : . •!.\.14 1 7,4 I S 862'60') W i 114.00' SE tORNER OF . : 7.5' U.E. LpTi 1.E iBLOCK 1.CAB. A. SLIDE 11323-N_ TATfoRS PLACE P.R.T.C.T. '1 .,_. 1 e 10' D.E. .1Doe. NO. b20623453 LOT 2, BLOCK 1 D,R.T.C.T. TAYLOR'S PLACE CAB. A, SLIDE 1133 1 vi...R.t.C.t. I 7:5' U.E. . .2: ......47-CAB. A, SLIDE 11323 P.R.T.C.T. f I R i i LOT 3, BLOCK 1 ..GrophiC cote in Feet TAYL01-3. PLACE CAB. A, SLOE 11323 1 I I 1 P:R.T.C:T. I 0 30' EI SCALE: 1m=30' I . g 4 .:1 TRACT A — 1140 SO_ FT, § BDREvIATiNs REZONE FROM R.-,,2 TO. RE1 1 AO OUT OF LOT 1. BLOCK 1, TAYLOR'S„PLACE 1 P.O.T.ef. PLAT RECORDS OF TARRANT COUNT(. TEXAS IN THE STEPHEN RICHARDSON SURVEY,A-1266 CITY OF NOR1H'RICHLAN9 HILLS,TARRANT coulny,TEXAS CAB. CABINET n•-±, .,,, _ ISSUE DATE: 10/N2024 SCALE i'=30' PROJECT NO.: 023-232-50 DOC. NO. DOCUMENT NUMBER ia- .p o,p..-. POINT OF pEGINNING SPRY(fi, SURVEYORS D.E. UTILITY EASEMENT g g 8241 Mid—Cities Blvd..Spite 102!North Richland Hine, TX 76182 It. D.E. DRAINAGE EASEMENT PH:817.776.4049•6prioDeirysulye*s.com-z wie!.speyeeiveyeralcorn Firm'Reg.No. 10112000' PACE 2 OF 2: Ala:dm 4 attar STATE OF TEXAS COUNTY OF TARRANT I, LEEANNA RI-IODES, OFFICE MANAGER CITY OF NORTH of the COMMERCIAL RECORDER,am over the age RICHLAND HILLS ORDINANCE NO.3882 of 18, have knowledge of the facts stated herein, AN ORDINANCE OF THE CITY and am otherwise competent to make this OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE affidavit. The COMMERCIAL RECORDER, of Fort ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND Worth,Tarrant County,Texas, is a newspaper of HILLS, AND THE ZONING eneral`crculatio(Twhich-has-been published-in' MAP LA NDS CITY NA g i -13 RICHLAND HILLS,TEXAS BY — - —-- Tarrant County regularly and continuously for a REZONING 1,140 SQUARE FEET OF LAND LOCATED AT period of over one year prior to the first day of 7536 KIRK ROAD FROM R-2 publication of this notice. The COMMERCIAL TIAL)LTO RE-i (RESIDEN- RECORDER is qualified to publish legal notices TIAL ESTATE); PROVIDING THAT THIS ORDINANCE according to Article 28e, Revised Civil statutes of SHALL BE CUMULATIVE OF ALL ORDINANCES;PROVID- Texxas. 1NG FOR SEVERABILITY; ESTABLISHING A PENALTY; I,solemnlyswear that the notice hereto attached PROVIDING FOR SAVINGS;PROVIDING FOR PUBLICA- was published in the COMMERCIAL RECORDER, TION; AND PROVIDING AN EFFECTIVE DATE. on the following dates,to-wit: Any person, firm or cor- poration violating any pro- vision of 2024 vision of the Zoning Ordi- nance and the zoning map of the City of North Richland 4J4iiti t tóc shal e amended hereby v shall deemed guilty of a J r misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed Sworn to and subscribed before me this Two Th Dyllary [$2,000.00usEad). Each day any such violation shall be al- lowed30th dayof December,A.D. 2024 to continue shall con- stitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 9th day of December, 2024. CITY OF NORTH RICHLAND HILLS Notary Pubic,Tarrant County,Texas By:/s/Jack McCarty Jack McCarty,Mayor ATTEST: • /s/Alicia Richardson Alicia Richardson City Secretary/ ote$Y.PI ' FELIPE FACUNDO,JR f Chief Governance Officer r.• _ Notary ID#129755308 APPROVED AS TO FORM _x; *= My ,_ ��'���� 44 AND LEGALITY: ? .v', y "rj March c /s/Bradley A.Anderle Bradley A.Anderle, City Attorney 12-10