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HomeMy WebLinkAboutOrdinance 3874 ORDINANCE NO. 3874 ZONING CASE ZC24-0113 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 0.73 ACRES OF LAND LOCATED AT 8900 AMUNDSON DRIVE 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 0.73 acres of land located at 8900 Amundson Drive (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 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. 3874 ZC24-0113 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) 0.73 acres of property described as a portion of Tract 2N, Tandy K. Martin Survey, Abstract 1055, commonly referred to as 8900 Amundson Drive, 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. 3874 ZC24-0113 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 9th day of December, 2024. CITY OF NORTH RICHLAND HILLS J k McCarty, Mayor Ordinance No. 3874 ZC24-0113 Page 3 of 4 ATTEST: viopnur% °%,R�GHLAA ALL Alicia Richardson O : h City Secretary/Chief Gov �ceOffi.c, APPROVED AS TO FORM AND LEGALITY: Bradley A nderle, City Attorney APPROVED AS TO CONTENT: Clayton Co stock Managing Director of Development Services Ordinance No. 3874 ZC24-0113 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3874—Page 1 of 1 Zoning Case ZC24-0113 Tract 2N,Tandy K.Martin Survey,Abstract 1055 8900 Amundson Drive,North Richland Hills,Texas BEING a tract of land situated in the Tandy K.Martin Survey,Abstract No. 1055, North Richland Hills,Tarrant County,Texas,also being that certain tract of land conveyed to Ralph Gilchriest as recorded in Volume 6470, Page 106,Deed Records,Tarrant County,Texas,and being more particularly described as follows: BEGINNING at a one-inch iron rod found for the northeast corner of the herein described tract,said point being in the west line of a tract conveyed to Scott Brandt as recorded in Volume 10925, Page 203, Deed Records, Tarrant County,Texas; THENCE South 00 degrees 09 minutes 25 seconds East(record bearing)along said west line for a distance of 267.79 feet to a 1-inch iron rod found in the north line of a tract of land conveyed to Charles Brandt as recorded in Volume 11040,Page 1366,Deed Records,Tarrant County,Texas; THENCE North 89 degrees 57 minutes 31 seconds West along said north line for a distance of 134.41 feet to a 5/8-inch iron rod found in the east line of a tract conveyed to Earl E.Baker as recorded in Volume 3183,Page 328,Deed Records,Tarrant County,Texas; THENCE North 00 degrees 07 minutes 51 seconds East along said east line for a distance of 201.60 feet to a 5/8-inch iron rod set in the south line of Amundson Drive; THENCE North 60 degrees 47 minutes 28 seconds East along said south line for a distance of 49.60 feet to a 1/2-inch iron rod found for corner; THENCE North 61 degrees 56 minutes 28 seconds East continuing along said south line for a distance of 50.10 feet to a' -inch iron rod found for corner; THENCE North 68 degrees 09 minutes 07 seconds East,along said south line for a distance of 49.25 feet to the POINT OF BEGINNING and containing 0.73 acres of land, more or less, as surveyed by Steven W. Hughes, Registered Professional Land Surveyor during the month of March 1994. Adeedtet ,� _ STATE OF TEXAS COUNTY OF TARRANT 1, LEEANNA RHODES, OFFICE MANAGER of the COMMERCIAL RECORDER,am over the age CITY OF NORTH RICHLAND HILLS of 18, have knowledge of the facts stated herein, ORDINANCE NO.3874 and am otherwise competent to make this AN ORDINANCE OF THE CITY OF NORTH RICHLAND affidavit. The COMMERCIAL RECORDER, of Fort HILLS, TEXAS,AMENDING THE ZONING ORDINANCE Worth,Tarrant County,Texas, is a newspaper of OF THE CITY OF NORTH general circulation-which-has been-published to �"ZO.NIN MAblished _ RICHLAND NING'MA ILLS,ANDP OF THE C ITE ITY Tarrant County regularly and continuously for a OF NORTHRICHLANDHILLS, TEXAS BY REZONING 0.73 period of over one year prior to the first day of ACRES OF LAND LOCATED AT 8900 AMUNDSON DRIVE publication of this notice. The COMMERCIAL FROM AG(AGRICULTURAL) RECORDER is qualified to publish legal notices TO R-2 (SINGLE-FAMILYRESIDENTIAL);PROVIDING according to Article 28e, Revised Civil statutes of THAT THIS ORDINANCE SHALL BE CUMULATIVE OF Texas. ALL ORDINANCES;PROVID- ING FOR SEVERABILITY; ESTABLISHING A PENALTY; I,solemnly swear that the notice hereto attached PROVIDING FOR SAVINGS; was published in the COMMERCIAL RECORDER, PROVIDING FOR PUBLICA- TION;AND PROVIDING AN on the following dates,to-wit: EFFECTIVE DATE. Any person, firm or cor- poration violating any pro- December 30,2024 vision of the Zoning Ordi- nance and the zoning map o& 4"j'tt4 J f the asCty of h Richlander Hills amended hereby shall be deemed guilty of a misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed Sworn to and subscribed before me this Two Thousand Dollars ($2,000.00). Each day any such violation shall be al- 30th day of December,A.D.2024 lowed to continue shall con- stitute a separate violation and punishable hereunder. PASSED AND APPROVED on this 9th day of December, 2024.CITY OF NORTH Notary Public,Tarrant County,Texas RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson ote?Y p�oa FELII;'E FACUNDO,JR City secretary/ _ Chief Governance Officer *= *- My Notary ID#92975630$ APPROVED AS TO FORM -1;4'a'cW Expires March 20,2026 ti AND LEGALITY: /s/Bradley A.Anderle Bradley A.Anderle, City Attorney 12-30