HomeMy WebLinkAboutOrdinance 3828 ORDINANCE NO. 3828
ZONING CASE ZC23-0084
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 0.05 ACRES OF LAND
LOCATED AT 7609 BUCK 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 carryout 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 0.50 acres of land
located at 7609 Buck 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
''III
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on November 16, 2023, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on December
11, 2023, with respect to the zoning change described herein; and
Ordinance No. 3828
ZC23-0084
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) 0.50 acres of property described as Lot A17, Block A, Hewitt
Estates Addition, commonly referred to as 7609 Buck Street, 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 Director of Planning 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.
isherebydeclared to be the intention of the CityCouncil that the SECTION 6: It c sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause, or phrase of
Ordinance No.3828
ZC23-0084
Page 2 of 4
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 11th day of December, 2023.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Tr vino ayor
Ordinance No.3828
ZC23-0084
Page 3 of 4
\; ,e.�f�rllfrf{,tivi
ATTEST: w4'`se4�`` ;fl � ,�.
aeLdi. , A
Alicia Richardson
City Secretary/Chief Gove '��
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton o tock, Director of Planning
II
Ordinance No.3828
ZC23-0084
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3828—Page 1 of 2
Zoning Case ZC23-0084
Lot A17, Block A,Hewitt Estates Addition
7609 Buck Street, North Richland Hills,Texas
BEING all that certain lot,tract, or parcel of land situated in the J.C. McCommas Survey,Abstract No. 1040, City of
North Richland Hills,Tarrant County,Texas,being a portion of Block A,Hewitt Heights,an Addition in North Richland
Hills(formerly Smithfield),Tarrant County,Texas,according to the plat thereof recorded in Volume 388-0,Page 311,
Plat Records,Tarrant County,Texas(PRTCT),and also being the same tract of land as conveyed to JLP Custom Homes
LLC, in the deed recorded in County Clerk's file number (CC#) D221347049, Deed Records,Tarrant County, Texas
(DRTCT),said portion being more particularly described by metes and bounds as follows:
BEGINNING at a%-inch rod found with a yellow plastic cap for the northeast corner of the herein described tract of
land;the southeast corner of Lot 4, Block 1, Hewitt Heights,an Addition to the City of North Richland Hills,Tarrant
County,Texas,according to the plat thereof recorded in Cabinet A,Slide 11656, PRTCT;the northwest corner of Lot
16, Block 5, Hewitt Estates, an Addition to the City of North Richland Hills,Tarrant County,Texas, according to the
plat thereof recorded in Cabinet A, Slide 6359, PRTCT; and the southwest corner of a tract of land conveyed to
Charles R.Williams and Clara F.Williams in the deed recorded in Volume 9008, Page 843, DRTCT;
THENCE South 00 degrees 23 minutes 08 seconds East,departing said Lot 4 and said Williams tract and with said Lot
16,a distance of 149.85 feet to a point for the southeast corner of the herein described tract of land,the southwest
corner of said Lot 16 and in the northerly right-of-way of Buck Street,a 60-foot wide right-of-way;
THENCE South 89 degrees 31 minutes 52 seconds West, departing said Lot 16 and with said right-of-way line, a
distance of 145.34 feet to a%:-inch iron rod found for the southwest corner of the herein described tract of land and
the southeast corner of a tract of land conveyed to Austin Thomas Stevens and Chelsea Stevens in the deed recorded
in CC#D220300127, DRTCT;
THENCE North 00 degrees 23 minutes 08 seconds West,departing said right-of-way line and with said Stevens tract,
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a distance of 149.85 feet to a point for the northwest corner of the herein described tract of land, the northeast
corner of said Stevens tract, and the common southerly corner between Lots 2 and 3 of the aforementioned Block
1,from which a fence corner post found bears South 21 degrees 17 minutes West 0.9 feet;
THENCE North 89 degrees 31 minutes 52 seconds East departing said Stevens tract and with the southerly line of
said Block 1,a distance of 145.34 feet to the POINT OF BEGINNING and containing 0.500 acres of land, more or less.
Exhibit A—Property Description—Ordinance No. 3828—Page 2 of 2
Zoning Case ZC23-0084
Lot A17, Block A, Hewitt Estates Addition
7609 Buck Street, North Richland Hills,Texas
I
1 PORTION OF I PORTON OF 1
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NOTES... -ZONING.EXHIBIT'
This.document was prepared under 22 Texas Administrative Cade PORTION OF LOTS 4 AND 5
§138..95, does not reflect the results of an on the ground CALLOWAY ACRES
survey, and is not to be used to convey or establish interests
in real property except those rights and interests implied or VOLUME 1481,APGE 285
established by the creation or reconfiguration of the boundary CITY OF FORT WORTH
of the political subdivision for which it was prepared. TARRANT COUNTY,TEXAS
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 500133 Print Legal Ad-IPLO1519140-IPLO151914 $46.16 1 48 L
Attention: ROBERT MYERS 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 Stefani
Beard,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
------------------------------------------------------------------------------- Fort Worth,in Tarrant County,Texas;and who,
CITY of after beingduly sworn,did depose and say that
NORTH RICHLAND HILLS Y p Y
ORDINANCE NO.3828 the attached clipping of an advertisement was
AN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, 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 0.05 1 insertion(s)published on:
ACRES OF LAND LOCATED AT 7609
BUCK STREET FROM AG (AGRICUL- 12/15/23
TURAL) 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
PROVDNG 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
constitute a separate violation and
punishable hereunder.
PASSED AND APPROVED on this 11 th
day of December,2023.
CITY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino
Oscar Trevino,Mayor worn to and subscribed be ore me this 28th day o
ATTEST: February/s/Alicia Richardson Fe y In the year Of 2024
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,City Attorney
IPLO151914
Dec 15 2023
Notary Public in and for the state of Texas,residing in
Dallas County
r
STEP,NMIE HIAT0IH-R
y Notalr, IO 4 13 5 .
Expiros January 14,20.28
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