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HomeMy WebLinkAboutOrdinance 3932 ORDINANCE NO. 3932 ZONING CASE ZC25-0145 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 BY REZONING 1.319 ACRES OF LAND LOCATED AT 8459 SHADY GROVE ROAD 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 1.319 acres of land located at 8459 Shady Grove Road (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 October 2, 2025, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 27, 2025, with respect to the zoning change described herein; and Ordinance No.3932 ZC25-0145 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) 1.319 acres of property described as Tract 13A4, Thomas Peck Survey, Abstract 1209, commonly referred to as 8459 Shady Grove Road, 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 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 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 of this Ordinance shall be declared unconstitutional by the valid judgment Ordinance No.3932 ZC25-0145 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 is 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 27th day of October, 2025. CITY OF NORTH RICHLAND HILLS J McCarty, Mayor ATTEST: o®©oa®Ie®®�:4_ yeS Alicia Richardson -. ;fi r �= City Secretary/Chief G iance�ffiCw' 1,::\s" •• ..• * Ordinance No.3932 ®®a°P® a• ZC25-0145 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Bradley A. nderle, City Attorney APPROVED AS TO CONTENT: 5A -It Vliiiiiike Cori Reaume Director of Planning Ordinance No.3932 ZC25-0145 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3932—Page 1 of 1 Zoning Case ZC25-0145 Tract 13A4,Thomas Peck Survey,Abstract 1040 8459 Shady Grove Road, North Richland Hills,Texas BEING a tract of land situated in the Thomas Peck Survey, Abstract No. 1210, Tarrant County,Texas, same being that tract of land conveyed to Joshua Merritt and Deana Merritt, husband and wife as community property, by deed recorded in County Clerk's File No. D218110440,Official Public Records of Tarrant County, Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a point for corner, said corner being the Northeast corner of Lot 2R, Block 2, Fresh Meadows Estates, an Addition to the City of North Richland Hills,Tarrant County,Texas, according to the Amened Plat recorded in County Clerk's File No. D222125310, Official Public Records of Tarrant County,Texas, and lying along the West line of Fresh Meadows Road(50 foot right-of-way); THENCE South 89 degrees 42 minutes 19 seconds West,along the North line of said Lot 2R of Fresh Meadows Estates,a distance of 347.79 feet to a point for corner,said corner being the Northwest corner of that tract of land conveyed to H. Lamar Slay and Cindy E. Slay, by deed recorded in Volume 11086, Page 1521, Deed Records of Tarrant County,Texas,and lying along the East line of Shady Grove Road(60 foot right-of-way),from which an "X"found bears South 70 degrees 09 minutes 08 seconds East, a distance of 2.04 feet for witness, and a 1 /2 inch iron rod found bears South 79 degrees 45 minutes 02 seconds East,a distance of 2.31 feet for witness; THENCE North 00 degrees 16 minutes 52 seconds West,along said East line of Shady Grove Road,a distance of 230.31 feet to a point for corner,from which an"X"found on-line bears in a Southerly direction,at a distance of 1.27 feet for witness; THENCE North 89 degrees 44 minutes 09 seconds East, departing said East line of Shady Grove Road, a distance of 221.99 feet to a 5/8 inch iron rod found for corner, said corner lying along the South line of Lot 4 and Northwest corner of Lot 2, Block 3 of Fresh Meadows Estates, an Addition to the City of North Richland Hills,Tarrant County,Texas,according to the Amended Plat recorded in County Clerk's File No. D218093331, Official Public Records of Tarrant County,Texas; THENCE South 00 degrees 28 minutes 53 seconds East,along the West line of Lot 2,Block 3 of Fresh Meadows Estates(D218093331),a distance of 1 80. 19 feet to a 5/8 inch iron rod found for corner,said corner being the Southwest corner of Lot 1,Block 3 of Fresh Meadows Estates(D218093331); THENCE North 89 degrees 42 minutes 19 seconds East, along the South line of said Lot 1, Block 3 of Fresh Meadows Estates(D218093331),a distance of 125.00 feet to a post for corner,said corner being the Southeast corner of said Lot 1,and lying along the aforementioned West line of Fresh Meadows Road,from which a 5/8 inch iron rod found bears North 00 degrees 28 minutes 53 seconds West, a distance of 180.12 feet, at the Northeast corner of said Lot 2, Block 3 of Fresh Meadows Estates(D218093331); THENCE South 00 degrees 28 minutes 53 seconds East, along said West line of Fresh Meadows Road, a distance of 50.00 feet to the POINT OF BEGINNING and containing 57,455 square feet or 1.32 acres of land.