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HomeMy WebLinkAboutOrdinance 3909 ORDINANCE NO. 3909 ZONING CASE ZC25-0131 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 BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING UNIT TO BE LOCATED AT 6129 ABBOTT AVENUE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory dwelling unit (secondary living unit) for the purpose of varying from specific development standards; and WHEREAS, the owner of the property located at 6129 Abbott Avenue (the "Property") has filed an application for a special use permit for an accessory dwelling unit; and Ordinance No.3909 ZC25-0131 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 5, 2025, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 23, 2025, with respect to the special use permit described herein; and 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 approving a special use permit to authorize an accessory dwelling unit (secondary living unit) on Lot B and portion of Lot A, Block 28, College Hill Addition, commonly referred to as 6129 Abbott Avenue, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. SECTION 3: That the official 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 special use permit, as set forth above. SECTION 4: 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. Ordinance No.3909 ZC25-0131 Page 2 of 4 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 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 23rd day of June, 2025. Ordinance No.3909 ZC25-0131 Page 3 of 4 CITY OF NORTH RICHLAND HILLS G?/, Jac McCarty, Mayor ®g /0/110004 ATTEST: ***** yB • Alicia Richardson �O • Offti* e \ 46 City Secretary/Chief Gov" 'ce s00g0001 APPROVED AS TO FORM AND LEGALITY: Bradley A. derle, City Attorney APPROVED AS TO CONTENT: ea/ Cori Reaume, Director of Planning Ordinance No.3909 ZC25-0131 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3909—Page 1 of 1 Special Use Permit Case ZC25-0131 Lot B and portions of Lot A, Block 28,College Hill Addition 6129 Abbott Avenue, North Richland Hills,Texas BEING all of Lot B and part of Lot A, Block 28, College Hill Addition, an addition in Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388-140, Page 66, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3909—Page 1 of 1 Special Use Permit Case ZC25-0131 Lot B and portions of Lot A, Block 28,College Hill Addition 6129 Abbott Avenue, North Richland Hills,Texas This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-2 (Single-Family Residential). The following regulations are specific to this Special Use Permit.Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted use. A special use .permit is authorized for one (1) accessory dwelling unit (secondary living unit) on the property. B. Secondary living unit. The accessory dwelling unit must comply with the standards described below. 1. The building containing the accessory dwelling unit must be located in the rear yard as shown on the site plan attached as Exhibit "C." The building is not required to be attached to the main house. 2. The accessory dwelling unit must not exceed eight hundred five (805) square feet in living area. The building may include up to three hundred ten (310) square feet of covered porch area. C. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. 2 1 1 ' Tiii,:,.`,.;,.....',,,,,. ...,.4..;„. 7,,..t,.,..4:_ ,_ , ;ZII J —� Ey�4a � . e1 "1 4 .I' „�� a:T " r 1 �, , o• r°, * �Y I sun TIE i Una II F l4 1 �' !'., y( '`- �j !' 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