HomeMy WebLinkAboutOrdinance 2414
DENIED BY THE CITY COUNCIL
ORDINANCE NO. 2414
AN ORDINANCE AMENDING ORDINANCE NO. 1874 OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, GRANTING ZONING CHANGE
Z98-45 ON A TRACT OF LAND OUT OF THE L.C. WALKER SURVEY,
ABSTARACT NO. 1652, DEED RECORDS OF TARRANT COUNTY,
LYING AND BEING SITUATED IN THE CITY OF NORTH RICHLAND
HILLS, TARRANT COUNTY, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID TRACT FROM "AG"
AGRICULTURAL DISTRICT TO "C2" COMMERCIAL DISTRICT;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILlTL Y; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A
ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200) FOR EACH OFFENSE, AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; AND PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, applications were made to amend the Official Zoning Map, City of
North Richland Hills, Texas by making applications for same with the Planning and
Zoning Commission of the City of North Richland Hills, Texas as required by State
statutes and the zoning ordinances of the City of North Richland Hills and all the legal
requirements, conditions and prerequisites having been complied with, the case having
come before the City Council of the City of North Richland Hills, Texas after all legal
notices, requirements conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of North Richland Hills, Texas at a public
hearing called by the City Council did consider the following factors in making a
determination as to whether this requested change should be granted or denied; safety
of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the site; safety from fire hazards and measures for fire control, protection of
adjacent property from flood or water damages, noise producing elements and glare of
the vehicular and stationary lights and effect of such lights on established character of
the neighborhood, location, lighting and types of signs and relation of signs to traffic
control and adjacent property, street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate
neighborhood, adequacy of parking as determined by requirements of this ordinance for
off-street parking facilities, location of ingress and egress points for parking and off-
street locating spaces, and protection of public health by surfacing on all parking areas
to control dust, effect on the promotion of health and the general welfare, effect on light
and air, the effect on the transportation, water, sewerage, schools, parks and other
facilities; and
WHEREAS, the City Council of the City of North Richland Hills at a public
hearing called by the City Council of the City of North Richland Hills, Texas did consider
the following factors in making a determination as to whether this requested change
Ordinance No. 2414
Page 1 of 5
should be granted or denied; effect on the congestion of the streets, the fire hazards,
panics and other dangers possibly present in the securing of safety from same, the
effect on the promotion of health and general welfare, the effect on adequate light and
air, the effect on the overcrowding of the land, the effect on the concentration of
population, the effect on the transportation, water sewerage, schools, parks and other
public facilities; and
WHEREAS, the City Council further considered among other things the
character of the district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings, encourage the most appropriate use of land throughout
this city; and
WHEREAS, the City Council of the City of North Richland Hills, Texas does find
that there is a public necessity for the zoning change, that the public demands it, that
the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with
reference to the classification which existed at the time their original investment was
made; and does find that the change in zoning lessens the congestion in the streets,
helps secure safety from fire, panic and other dangers; promotes health and the
general welfare; provides adequate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the adequate provision of
transportation, water sewerage, schools, parks and other public requirements; and
WHEREAS, The City Council of the City of North Richland Hills, Texas has
determined that there is a necessity and need for this change in zoning and has also
found and determined that there has been a change in the conditions of the property
surrounding and in close proximity to the property requested for a change since this
property was originally classified; and therefore, feels that a change in zoning
classification for the particular piece of property is needed, is called for, and is in the
best interest of the public at large, the citizens of the City North Richland Hills, Texas
and helps promote the general health, safety and welfare of the community;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
Section 1. That the City of North Richland Hills Ordinance No 1874, being the
Zoning Ordinance of the City of North Richland Hills, Texas, is hereby amended and
changed by Zoning Application PZ 98-45 to rezone the following described property to
wit: Being a 5.759 acre tract of land situated in the L.C. Walker Survey, Abstract No.
1652, Deed Records of Tarrant County (located in the 9100 Block Cardinal Lane), more
fully and completely described by metes and bounds in Exhibit "A", attached hereto and
made a part hereof which was previously zoned "AG" Agricultural to "C2" Commercial
District, all in accordance with Zoning Ordinance No. 1874 as amended.
Section 2. The City Manager is hereby directed to correct the Official Zoning
Map be redrawn to incorporate this zoning district boundary amendment and the herein
described ordinance number be affixed to the property described herein.
Ordinance No. 2414
Page 2 of 5
Section 3. That in all other respects, the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City
of North Richland Hills zoning ordinances and all other applicable and pertinent
ordinances of the City of North Richland Hills, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future, to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; provide adequate light and air;
to prevent overcrowding of land, to avoid undue concentration of population; facilitate
the adequate provisions of transportation, water, sewerage, drainage and surface
water, parks and other public requirements, and to make adequate provisions for the
normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, of the character of the
district, and its peculiar suitability for the particular uses and with a view of conserving
the value of buildings and encouraging the most appropriate use of land throughout the
community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City
of North Richland Hills, Texas affecting zoning and shall not repeal any of the
provisions of said ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to
be severable and that if the validity of the zoning affecting any portion of the tract or
tracts of land described herein shall be declared to be invalid, the same shall not affect
the validity of the zoning of the balance of the tract or tracts of land described herein.
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed two hundred dollars ($200.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
North Richland Hills, Texas, are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City of North Richland Hills,
Texas, creates an emergency for the immediate preservation of the public business,
property, health, safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its final passage, and it is
accordingly so ordained.
Ordinance No. 2414
Page 3 of 5
DENIED BY THE PLANNING AND ZONING COMMISSION THE 26th DAY OF
AUGUST 1999.
~tl~
Chairman, Planning and Zoning Commission
~e:'~ ~~æ~miSSion
PASSED AND APPROVED BY THE CITY COUNCIL THIS 27th DAY OF
SEPTEMBER 1999.
Mayor
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Planning Director
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
DENIED BY THE CITY COUNCIL ON SEPTEMBER 27, 1999 AND REFERRED BACK TO THE
PLANNING AND ZONING COMMISSION WITH THE RECOMMENDATION THAT THE STAFF, THE
APPLICANT AND THE COMMISSION APPROVE A ZONING CATEGORY THAT IS MORE IN LINE
WITH THE MASTER PLAN.
~0Vv¡~
City Secretary
Ordinance No. 2414
Page 4 of 5
b:\legal.ans
Exhibit "A" of Ordinance 2414
DESCRIPTION
BEING a 5.759 acre tract of land situated in the L.C.WALKER SURVEY, A-1652, North
~ichland Hills, Tarrant County, Texas and being known as a portion of an 8.253 acre tract of
land conveyed to Cardinal Lane Investors, L. L. C. by deed recorded in Volume 13391, Page
31 ï, of the Tarrant County Deed Records and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 inch found steel rod for the northeast comer of said Cardinal Lane
Investors tract and the northwest comer of Tract 1/ conveyed to MEGA Lite and Health
Insurance Company by Special Warranty Deed recorded in Volume 12321 Page 538 of the
Tarrant County Deed Records, said found iron rod also being on the south line of a tract of
land conveyed to Charles O. Chambless et ux recorded in Volume 4194, Page 663 of the
Tarrant County Deed Records;
THENCE South 00 degrees 34 minutes 32 seconds East, along the east line of said Cardinal
Lane Investors tract and the west line of said MEGA Tract a distance of 665.03 feet to a 5/8
inch set steel rod with yellow cap marked KMH 4562 for the southeast corner of said
Cardinal Lane Investors tract and the southwest corner of said MEGA tract, said set steel rod
being located on the south line of the aforementioned Potts Tract One, said steel rod also
being on the north line of a tract of land conveyed'to National Old Line Insurance Company
by Special Warranty Deed recorded in Volume 9796 Page 1375 of the Tarrant County Deed
Records, from said set steel rod a 1/2 inch found steel rod bears North 64 degrees 58
minutes 42 seconds West, 0.83 feet;
_ .'HENCE North 88 degrees 48 minutes 54 seconds West, along the common line between
said Cardinal Lane Investors tract and said National Tract, for a distance of 397.39 feet to a
1/4 inch steel rod found for an angle point in the south line of said Cardinal Lane Investors
tract, said found steel rod also being the northwest corner of said National Tract and being
on the north right-of-way line of Cardinal Road;
THENCE North 85 degrees 23 minutes 08 seconds West, along the south line of said
Cardinal Lane Investors tract and said north right-ot-way line a distance of 30.00 feet to a
point on the boundary line between 1-1 Zoning and AG Zoning
THENCE North 66 degrees 26 minutes 23 seconds East, along said zoning boundary line, a
distance of 34.08 feet to a point;
THENCE South 88 degrees 48 minutes 54 seconds East, continuing along said zoning
boundary line, a distance of 16.93 feet to a point;
THENCE North 00 degrees 43 minutes 23 seconds West, continuing along said zoning
boundary line, a distance of 637.84 feet to a point on the north line of said Cardinal Lane
Investors tract and the south line of the aforementioned Chambless tract;
THENCE North 89 degrees 30 minutes 07 seconds East, along the common line between
said Cardinal Lane Investors tract and said Chambless tract, a distance of 380.43 feet to the
'OINT OF BEGINNING and embracing 5.759 acres of land..
Ordinance No, 2414
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