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HomeMy WebLinkAboutOrdinance 3873 ORDINANCE NO. 3873 ZONING CASE ZC24-0112 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 2.10 ACRES OF LAND LOCATED AT 6832 WALTER STREET FROM AG (AGRICULTURAL) TO R-1 (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 2.10 acres of land located at 6832 Walter Street (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R-1 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on November 7, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 11, 2024, with respect to the zoning change described herein; and Ordinance No. 3873 ZC24-0112 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-1 (Single-Family Residential) 2.10 acres of property described as a portion of Tract 2G, Tandy K. Martin Survey, Abstract 1055, commonly referred to as 6832 Walter 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-1 (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. 3873 ZC24-0112 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 11th day of November, 2024. CITY OF NORTH RICHLAND HILLS l/C-74// J McCarty, Mayor Ordinance No.3873 ZC24-0112 Page 3 of 4 ATTEST: _„`romp% iktat Alicia Richardson s` r City Secretary/Chief Gove' Tc Offlcer,,ys APPROVED AS TO FORM AND LEGALITY: IV two Cara Leahy White City Attorney APPROVED AS TO CONTENT: Clayto Comstock Managing Director of Development Services Ordinance No. 3873 ZC24-0112 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3873—Page 1 of 1 Zoning Case ZC24-0112 Tract 2G,Tandy K. Martin Survey,Abstract 1055 6832 Walter Street, North Richland Hills,Texas BEING a tract of land situated in the Tandy K. Martin Survey,Abstract No. 1055,Tarrant County,Texas,same being a tract of land conveyed to Paul M. Brackney and spouse, Eddie Sue Brackney, by deed recorded in Instrument Number D215152485,Official Public Records of Tarrant County,Texas,and being more particularly described as follows: BEGINNING at a'/s-inch iron rod found for corner,said corner beingthe northeast corner of Lot 2,Cliff Addition, an Addition to Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D211150335, Map Records,Tarrant County,Texas, and lying on the south line of Walter Street(60 foot right- of-way); THENCE North 88 degrees 31 minutes 50 seconds East, along the said south line of Walter Street,a distance of 311.26 feet to a'/2-inch iron rod found for corner,said corner being lying on the west line of Lot 2,Dawn King Addition,an Addition to Tarrant County,Texas,according to the plat thereof recorded in Volume 388-M, Page 105, Map Records of Tarrant County,Texas; THENCE South 00 degrees 50 minutes 15 seconds East,along the said west line of Lot 2, Dawn King Addition, a distance of 287.82 feet to a 1-inch iron rod found for corner,said corner being the southwest corner of Lot 1, of said Dawn King Addition;and lying on the north line of a tract of land conveyed to David Wayne Sauerwein and Ginna Potter Sauerwein, trustees of the David & Ginna Sauerwein Family Trust, by deed recorded in Instrument Number D224087851,Official Public Records of Tarrant County,Texas,from which a 5/8-inch iron rod found bears South 00 degrees 50 minutes 15 seconds East a distance of 0.26 feet for witness; THENCE South 88 degrees 31 minutes 50 seconds West, along the said north line of The David & Ginna Sauerwein Family Trust tract, passing at a distance of 198.72 feet to a'/2-inch iron rod found on-line for corner, said corner being the northwest corner of said David & Ginna Sauerwein Family Trust tract, and being the northeast corner of a tract of land conveyed to Eric R.Anderson,et ux Kimberly P.Anderson, by deed recorded in Instrument Number D199123105, Official Public Records, Tarrant County, Texas, and continuing a total distance of 311.26 feet to a point for corner,said corner lying on the north line of said Anderson tract,and being the southeast corner of Lot 3,of said Cliff Addition,from which a fence post found bears North 51 degrees 33 minutes 09 seconds East a distance of 1.24 feet for witness; THENCE North 00 degrees 50 minutes 15 seconds West, along the east line of said Lot 3, Cliff Addition, a distance of 287.82 feet to the POINT OF BEGINNING and containing approximately 89,580 square feet or 2.10 acres of land. The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee The Beileville News-Democrat Fort Worth Star-Telegram The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer McClatchyCenHerald Daily Times The KIsland tonHerald Rock Hill I The Herald Sun IdahoStad The Kansas City Star The Sacramento Bee 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 611632 Print Legal Ad-IPL02040250-IPL0204025 Alida Richardson $46.16 1 48 L Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT PO BOX 820609 Before me,a NotaryPublic in and for said County NORTH RICHLAND HILLS,TX 761820609 and State,this day personally appeared Mary Castro,Bid and Legal Coordinator for the Star- treasury@nrhtx.com;thenderson@nrhtx.com Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who, CITY OF NORTH RICHLAND HILLS after being duly sworn,did depose and say that ORDINANCE NO.3873 the attached clipping of an advertisement was Y OF AN NORTH ORDINANCE RC HLAND HILLS, TE XAS, published in the above named paper on the listed AMENDING THE ZONING ORDINANCE dates: OF THE CRY OF NORTH RICHLAND HILLS,AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND ACRES OF LAND LOCATED AT ss33z 1 insertion(s)published on: WALTER STREET FROM AG (AGRI- 11/15/24 CULTURAL)TO R-1 (SINGLE-FAMILY RESIDENTIAL);PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILJTY;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 end 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 M61,rtifro constitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 11th day of November,2024. CITY OF NORTH RICHLAND HLLS By:/s/Jack McCarty Jack McCarty,Mayor Sworn to and subscribed before me this 15th day of ATTEST: /s/Alicia Richardson November in the year of 2024 Alicia Richardson City Secretary/Chief Governance Of- ficer APPROVED AS TO FORM AND LE- GALITY: /s/Cara Leahy White Cara Leahy White,City Attorney IPL0204025 /�/�fj /��,, ,� J�� Nov 15 2024 c�� (Lf!Z C.0 L!� f/tJ Notary Public in and for the state of Texas,residing in Dallas County ::'"'° MARGARET KATHLEEN WILSON * *° My Notary ID#134916732 "1.1., Expires May 24,2028 Extra charge for lost or duplicate affidavits. Legal doonnent please do not destroy!