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HomeMy WebLinkAboutOrdinance 3906 ORDINANCE NO. 3906 ZONING CASE ZC25-0134 AN ORDINANCE OF THE CITY COUNCIL 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 0.4026 ACRES OF LAND LOCATED AT 6900 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 0.4026 acres of land located at 6900 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 May 15, 2025, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 9, 2025, with respect to the zoning change described herein; and Ordinance No.3906 ZC25-0134 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, THAT: SECTION 1: The Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to R-2 (Single-Family Residential) 0.4026 acres of property described as Tract 2D1, John McComas Survey, Abstract 1040, commonly referred to as 6900 Hewitt • Street, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: 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, 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 Ordinance No.3906 ZC25-0134 Page 2 of 4 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 June, 2025. CITY OF NORTH RICHLAND HILLS di t e��siaa®, k McCarty, Mayor ATTEST: ���'®Gl-1L °OBs. \I-A40,24-ct. n r r • �o Alicia Richardson h ' y City Secretary/Chief Gove' snoe.Officei -k- 04, Ordinance No.3906 ZC25-0134 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Bradley A. Anderl i y Attorney APPROVED AS TO CONTENT: Chi Cori Reaume, Director of Planning Ordinance No.3906 ZC25-0134 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3906—Page 1 of 1 Zoning Case ZC25-0134 Tract 2D1,John McComas Survey,Abstract 1040 6900 Hewitt Street, North Richland Hills,Texas WHEREAS Ivana Martinez Holland is the owner of all that certain 0.4026 acre of land, described in the deed recorded in Document Number D225030577 in the Deed Records of Tarrant County,Texas(D.R.T.C.T.), in the J.C. McComas Survey, Abstract 1040, City of North Richland Hills, Tarrant County,Texas, 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 1/2-inch iron rod found for the northwest corner of the herein described tract, at the intersection of the east right-of-way line of Hewitt Street(right-of-way varies)and the south right-of-way line of Briardale Drive(a 50-foot right-of-way); THENCE North 88°19'09"East—231.14 feet(called East—238 feet)to a 1-inch iron rod found for the northeast corner of the herein described tract, common to the northwest corner of Lot 1R, Block 1, Mollie B. Collins Addition,recorded in Document Number D220059843,P.R.T.C.T.; THENCE South 03°22'38" East—75.18 feet(called South—75 feet)along the east line of the herein described tract, common to the west line of said Lot 1 R, Block 1, Mollie B. Collins Addition,to a 1-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 the Remainder Tract of the tract of land described in the deed to James D. Tarwater, recorded in Volume 7168,Page 255,D.R.T.C.T.; THENCE South 88°19'09" West — 235.67 feet (called West — 238 feet) along the south line of the herein described tract,common to the north line of said Remainder Tract,to a 1/2-inch iron rod found for the southwest corner of the herein described tract, common to the northwest corner of said Remainder Tract, in the east right-of-way line of said Hewitt Street; THENCE North 00°04'32"East—75.18 feet(called North—75 feet),along the west line of the herein described tract,common to the east right-of-way line of said Hewitt Street,to the POINT OF BEGINNING and containing 0.4026 acre of land. paleedez '4 4/4'aeeCITY OF NORTH STATE OF TEXAS RICHLAND HILLS ORDINANCE NO,3906 COUNTY OF TARRANT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,AN ORDINANCE OF I, JOHN M. BONDURANT,JR., PUBLISHER THE CITY COUNCIL OF THE of the COMMERCIAL RECORDER,am over the age CITY ,O TEXAS,NXAS NG g HILLS, AMENDING of 18, have knowledge of the facts stated herein, THE ZONING ORDINANCE OF THE CITY OF NORTH and am otherwise competent to make this RICHLAND HILLS, AND 'THE ZONING OF THE affidavit. The COMMERCIAL RECORDER, of Fort CITY OFNORTH RICHLAND Worth, Tarrant County, Texas, is a newspaper of HILLS,TEXAS,BY REZON- ING 0.4026 ACRES OF general circulation whiclihas been published in LAND LOCATED AT 6900 HEWITT STREET_FROM AG Tarrant County regularly and continuously for a (AGRICULTURAL) TO R-2 period of over one year prior to the first da of (SINGLE-FAMILY Y TIAL); PROVIDINGG THAT THAT publication of this notice. The COMMERCIAL THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- RECORDER is qualified to publish legal notices NANCES; PROVIDING FOR ESTABLISH- according to Article 28e, Revised Civil statutes of N APENALTY;PROVIDI Texas. FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE I,solemnly swear that the notice hereto attached DATE. Anerson, firm, or cor- was published in the COMMERCIAL RECORDER, poation violating any pro- on the following dates,to-wit: vision of the Zoning Ordi- nance and the zoning map of the•City of North Richland June 13,2025 Hills as amended hereby shall be deemed guilty of a oid'* misdemeanor and upon fi- nal conviction thereof fined in an amount not to exceed Two 'Thousand Dollars ($2,000.00). Each day any such violation shall be al- Sworn to and subscribed before me this lowed to continue shall con- stitute a separate violation. and punishable hereunder. 13th day ofJune,A.D. 2025 ' PASSED AND APPROVED on this 9th day of June,2025. CITY OF NORTH RICHLAND HILLS ByNotary Public,Tarrant County,Texas ackMca MckCarty, McCarty Jack McCarty,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson .� ''r City Secretary/Chief Gover- •v ' nance Officer APPROVED AS TO FORM Notal*Dig 1261; 08 AND.LEGALITY: 67, . eon% ;n!-r 0,202E I /s/Bradley A.Anderle Bradley A.Anderle,City At- torney 6-13