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Home My WebLink AboutOrdinance 3518 ORDINANCE NO. 3518 ZONING CASE ZC 2018-07 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 A 1.225-ACRE TRACT OF PROPERTY LOCATED AT 6812 HEWITT STREET FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); 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 a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.225 acres of land located at 6812 Hewitt Street (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 7, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 25, 2018, with respect to the zoning change described herein; and Ordinance No. 3518 ZC 2018-07 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 R-2 (Single Family Residential) 1.225 acres of property described as Tract 2J, John McComas Survey, Abstract 1040, commonly referred to as 6812 Hewitt Street, as described 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 Planning Manager is directed to revise the official zoning map to reflect the approved R-2 (Single Family Residential) 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 or decree of any court of competent jurisdiction, such unconstitutionality shall Ordinance No. 3518 ZC 2018-07 Page 2 of 4 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 two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 25th day of June, 2018. CITY OF NORTH R • LAND HILLS By: / /risk Oscar - o, Mayor ATTEST: ��`,, a,.\C:1 ;� ",,,� n - d^ Alicia Richardson, i'tSecret ,r '- Ordinance No. 3518 ZC 2018-07 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: L )AVIA‘20\ Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: it Clayton olr stock, Planning Manager Ordinance No. 3518 ZC 2018-07 Page 4 of 4 Exhibit A— Legal Description—Ordinance No. 3518—Page 1 of 1 WHEREAS,Jennifer Ngyuen is the owner of all that certain 1.225 acres of land, described in the deed to Jennifer Nguyen, recorded in Document Number D217130325 in the Public Records of Tarrant County, Texas(P.R.T.C.T.), in the J.C. McComas Survey,A-1040,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 a%2-inch iron rod found for the southwest corner of the herein described tract,common to the northwest corner of Lot 2, Block 3, Mollie B. Collins Addition, recorded in Document Number D213194981, in the P.R.T.C.T., in the east right-of-way line of Hewitt Street(right-of-way varies); THENCE North 00 degrees 18 minutes 06 seconds East—211.02 feet along the east right-of-way line of said Hewitt Street to a bent 1/2-inch iron rod found for the northeast corner of the herein described tract, common to the southwest corner of a tract of land described in the deed to James D.Tarwater recorded in Volume 7168, Page 255, in the P.R.T.C.T., from which a leaning %-inch iron rod found bears South 31 degrees 55 minutes East—1.06 feet; THENCE North 86 degrees 31 minutes 39 seconds East— 244.47 feet to al/2-inch iron rod found for the northeast corner of the herein described tract, common to the southeast corner of said Tarwater tract, northwest corner of Lot 1, Block 3, Mollie B. Collins Addition, recorded in Volume 388-157, Page 11, P.R.T.C.T., and the southwest right-of-way corner of Odell Street (50 foot right-of-way); THENCE South 00 degrees 26 minutes 41 seconds West passing at a distance of 217.98 feet a %2-inch iron rod found in the west line of said Lot 1, Block 3, Mollie B. Collins Addition (388-157, 11), continuing for a total distance of 227.11 feet to a %2-inch iron rod with a cap stamped "SPRY 5647" set for the southeast corner of the herein described tract, common to the northeast corner of said Lot 2, Block 3, Mollie B. Collins Addition (D213194981) in the west line of said Lot 1, Block 3, Mollie B. Collins Addition (388-157, 11); THENCE North 89 degrees 41 minutes 54 seconds West—243.37 feet along the north line of said Lot 2, Block 3, Mollie B.Collins Addition (D213194981),to the POINT OF BEGINNING and containing 1.225 acres of land. STATE OF'TEXAS COUNTY OF TARRANT Befor e,a Notary Public in d for said County and State,this day personally appeared r ,Advertising Representative for the Star-Telegram,published by the Star-Telegratri,Inc.at Fort Worth, in Tarrant County,Texas and distributed in other surrounding Counties; and who,after being duly sworn,did dispose and say that the following clipping of an advertisement was published in the above named paper on the following dates: �o AN � �-£f CE S AMvl-R ON ORptAN OFF E C1T1� OF NORTH4i[C,HLATtD HtLLS, AND HE O�VINCH MAP OFjHE`' C1TY'51, F N�JRT C `RICHLAND HILLS„ZEX1�S BY�REZONING A 1225 CRE 3,TR- T F PRDP ` 11TY CfCATED A 68)2hHF £lulLf[rU I'll-'TG ��5tfiCG, I xiPAM�LYIMES(DENT[AL) `t'RO� VtDt�IG''�fHATsTHI"S ORDNANCE SHALL BE£UMUC^A IVE DF/�4LL '_ORDINANCES_?,IA 11 OR EVERABILtTY ,ESLABLtSfING A PENALT'SAVfNGS, P!'�ORllID7G;. FOR A( 4F Signed AND PR0V1DtNG ff 11 A VEfDATE' ? - I� ArtY�erson arm Pr Eorporatronru� -!I • o(atm�any pro�iso�9f the Zon ,; Subscribed an&sworn to before me,this the dAof 20 tng,Ortltnance and the onms 3 i mapofthCtty of North Rkch y 1 IaQdtklt3s amender he2e6 Ehafl 6edeemedSuitty of a finks = demeanoranduonfmatconyrc r \\\ iron fhereo fined-n#n amount, Notary Public — ) notfoxdeed two Thousand Tarrant County,Texas ° >7ofiars�C 2 Qoo oo� Each fay t anyIs UcC�,�lrtotatin hail bet" lowed to contknue shall,cohstr dsepara�te vkolation punkshab hereunder AND IT tS'-SO ORDAINED, PASSED on fihis 25fh day of Juner CITY OF'NORTH RtGFILAND MILLS" >By�sJ`,D�car'�rev�no, OscarTrevino Mayo`" -- ATTEST Ems BORAH JEAN BAYLOR /sJAfrcraRchardso Atrcr t;tchar�ison Ctty ecru ary ary Public,State of Texas APRtGED' stt'FQi[AND t E: 10-29-2Jt9 GIXLfTYmm.Expires �s/Ma"fesh a 9.M613r'rrs otary ID 13D42344-2 Maleshka'B hticGirvris Attor'n