Loading...
HomeMy WebLinkAboutOrdinance 3852 ORDINANCE NO. 3852 ZONING CASE ZC24-0100 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 .91 ACRES OF LAND LOCATED AT 6725 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 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 1.91 acres of land located at 6725 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 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 2, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 28, 2024, with respect to the zoning change described herein; and Ordinance No. 3852 ZC24-0100 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) 1.91 acres of property described as Tract 4C1, John McComas Survey, Abstract 1040, commonly referred to as 6725 Hewitt 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 Managing Director of Development Services 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 Ordinance No. 3852 ZC24-0100 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 28th day of May, 2024. CITY OF NORTH RICHLAND HILLS J k McCarty, Mayor Ordinance No. 3852 ZC24-0100 Page 3 of 4 ATTEST: Alicia Richardson 7 '` City Secretary/Chief Governance Officer ;0'``\` ;rtt;t APPROVED AS TO FORM AND LEGALITY: LI: /4a Bradley And e-, I terim City Attorney APPROVED AS TO CONTENT: Clay on Co stock Managing Director of Development Services Ordinance No. 3852 ZC24-0100 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3852—Page 1 of 1 Zoning Case ZC24-0100 Tract 4C1,John McComas Survey,Abstract 1040 6725 Hewitt Street, North Richland Hills,Texas Being a tract of land out of the John C. McComas Survey,Abstract Number 1040,City of North Richland Hills, Tarrant County,Texas; being the same property sold to Phonssavanh Souvannarath per the deed recorded as County Clerk Document D219115760, Official Public Records, Tarrant County, Texas (OPRTCT) and being more particularly described as follows: BEGINNING at a' -inch iron rod found for the northeast corner of a tract of land sold to Gary B. Harston, per the deed recorded as County Clerk Document D205054942, OPRTCT, said corner being on the west line of Hewitt Street,a variable width right of way; THENCE South 89 degrees 32 minutes 28 seconds West, departing the west line of Hewitt Street, passing at 132.00 feet, the northeast corner of Lot 11, Block 1, Richfield at the Parks Addition per the plat recorded in Cabinet A,Slide 6063, Plat Records,Tarrant County,Texas(PRTCT);continuing with the north line of Richfield at the Parks Addition for a total distance of 402.90 feet to a 5/8-inch iron rod with a blue cap stamped RPLS 5094 set for a corner on the east line of Lot 9, Block 1, McComas Subdivision, per the plat recorded in Volume 388-90, Page 58, PRTCT; THENCE North 0 degrees 08 minutes 00 seconds East, with the east line of said McComas Subdivision, a distance of 207.25 to a 5/8-inch iron rod with a blue cap stamped RPLS 5094 set for the southwest corner of Lot 6, Block 1, Hewitt Estates Addition per the plat recorded in Volume 388-165, Page 45, PRTCT; THENCE North 89 degrees 34 minutes 20 seconds East,with the south line of said Hewitt Estates,a distance of 403.32 feet to a ' -inch iron rod found on the west line of Hewitt Street for the southeast corner of Lot 6, Block 1, Hewitt Estates Addition; THENCE South 0 degrees 14 minutes 55 seconds West,with the west line of Hewitt Street,a distance of 207.03 feet to the POINT OF BEGINNING and containing a calculated area of 83,496 square feet or 1.9168 acres. Bearings based on Grid North,NAO 83, North Central Texas Zone,4202. The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star Telegram The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer CeMcClatchySun Herald an The Islana cet Rock Hill I The Herald Sun Herald The Kansas City Star The Sacramento Bee Idaho Statesman Lexington Herald-Leader San Luis Obispo Tribune Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 558279 Print Legal Ad-IPL01757980-IPL0175798 Traci Henderson $46.16 1 48 L Attention: Traci Henderson 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 Mary Castro,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 beingdulysworn,did depose and saythat NORTH RICHLAND HILLS P ORDINANCE NO.3852 the attached clipping of an advertisement was NORTHAN OF RICHLANDCE TTEEXAS 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 1.91 1 insertion(s)published on: ACRES OF LAND LOCATED AT 6725 HEWITT STREET FROM AG (AGRI- 05/31/24 CULTURAL)TO R-2(SINGLE-FAMILY RESIDENTIAL);PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILI Y;ESTABLISHING A PENALTY;PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVIDING 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- M viola- tion on shall bbe allowed to continue shall ' 7",r' constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 28th day of May,2024. CITY OF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor Sworn to and subscribed before me this 11th day of ATTEST: /s/Alicia Richardson June in the year of 2024 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Bradley Anderle Bradley Anderle,Interim City Attorney IPL0175798 May 31 2024 'taff41414,1.4z, HaltrAtur Notary Public in and for the state of Texas,residing in Dallas County ▪4• "."',, STEPHANIE HATCHER *: i" :"`- My Molar/II)It 1335",�06 1."�''r d� ' Expires January 14,2026 . Extra charge for lost or duplicate affidavits. Legal document please do not destroy!