HomeMy WebLinkAboutOrdinance 3812 ORDINANCE NO. 3812
ZONING CASE ZC23-0073
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 0.69 ACRES OF LAND
LOCATED AT 3900 SCRUGGS DRIVE FROM C-1
(COMMERCIAL) TO U (SCHOOL, CHURCH, AND
INSTITUTIONAL); 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 0.69 acres of land
located at 3900 Scruggs Drive (the "Property") has filed an application to
rezone the Property from its present classification of C-1 (Commercial) to U
(School, Church, and Institutional); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on August 17 and September 21, 2023, and the
City Council of the City of North Richland Hills, Texas, held a public hearing
on September 25, 2023, with respect to the zoning change described
herein; and
Ordinance No. 3812
ZC23-0073
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 C-1 (Commercial) to U (School, Church, and
Institutional) 0.69 acres of property described as Lots 5K, 6K, and 19K,
Calloway Acres Addition, commonly referred to as 3900 Scruggs 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 Planning Director is directed to revise the official zoning map to
reflect the approved U (School, Church, and Institutional) 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 No. 3812
ZC23-0073
Page 2 of 4
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
two times.
SECTION 10:This ordinance shall be in full force and effect immediately following
publication as required by Section 9 hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 25th day of September, 2023.
CITY OF NORT I HLAND HILLS
By:
Oscar Trevino, Mayor
t
Ordinance No. 3812
ZC23-0073
Page 3 of 4
ATTEST: ` • 111 •
I v�,1
Alicia Richardson �� 1/. " 500'�'��
City Secretary/Chief Governant&IIM6r
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. Mc nis, City Attorney
APPROVED AS TO CONTENT:
Clayton omstoc , Director of Planning
Ordinance No. 3812
ZC23-0073
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3812—Page 1 of 2
Zoning Case ZC23-0073
Lots 5K,6K,and 19K,Calloway Acres Addition
3900 Scruggs Drive, North Richland Hills,Texas
BEING a 1.148 acre tract of land out of Lots 4 and 5 of Calloway Acres,an addition to the City of Fort Worth,Tarrant
County,Texas recorded in Volume 1481, Page 285 of the Deed Records of Tarrant County,Texas,and being all of the
tract of land described in the deed to Society of St. Pius X of Texas recorded in Volume 10746, Page 56 of said Deed
Records of Tarrant County, Texas, said 1.148 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point for the southwest corner of said Society of St. Pius X of Texas tract of land, said point also
being in the common west line of said Calloway Acres and east right-of-way line of Scruggs Drive;
THENCE North 00 degrees 00 minutes 00 seconds West,with the common west line of said Society of St. Pius X of
Texas tract of land,west line of said Calloway Acres, and east right-of-way line of said Scruggs Drive, a distance of
240.00 feet to a point for the northwest corner of said Society of St. Pius X of Texas tract of land;
THENCE North 89 degrees 40 minutes 00 seconds East,with the north line of said Society of St. Pius X of Texas tract
of land, a distance of 250.00 feet to a point for the northeast corner of said Society of St. Pius X of Texas tract of
land,said point also being in the west right-of-way line of Parchman Street;
THENCE South 00 degrees 00 minutes 00 seconds East, with the common east line of said Society of St. Pius X of
Texas tract of land and west right-of-way line of said Parchman Street, a distance of 160.00 feet to a point for the
most easterly southeast corner of said Society of St. Pius X of Texas tract of land,said point also being the northeast
corner of Lot 3R of Calloway Acres,an addition to the City of Fort Worth,Tarrant County,Texas recorded in Volume
388-197, Page 10 of the Plat Records of Tarrant County,Texas;
THENCE South 89 degrees 40 minutes 00 seconds West, with a common south line of said Society of St. Pius X of
Texas tract of land and north line of said Lot 3R, a distance of 125.00 feet to a point for a common reentrant corner
of said Society of St. Pius X of Texas and the northwest corner of said Lot 3R;
THENCE South 00 degrees 00 minutes 05 seconds West,with a common east line of said Society of St.Pius X of Texas
tract of land and the west line of said Lot 3R, a distance of 80.00 feet to a point for the most southerly southeast
corner of said Society of St. Pius X of Texas tract of land;
THENCE South 89 degrees 40 minutes 00 seconds West,with the south line of said Society of St.Pius X of Texas tract
of land,a distance of 125.00 feet to the POINT OF BEGINNING and containing 1.148 acres of land.
Exhibit A— Property Description—Ordinance No. 3812—Page 2 of 2
Zoning Case ZC23-0073
Lots 5K,6K,and 19K, Calloway Acres Addition
3900 Scruggs Drive, North Richland Hills,Texas
I I 1
I 1
1 PORTION OF 1 PORTION OF 1
LOT 6 I LOT s
KARIM NOORAU carry ANGULO
DOCUMENT NO. 0221249329 I DOCUMENT NO. D220107669
O.P.R.T.C.T. O.P.R.T.C.T. I
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PORTION OF PORTION OF
LOT 5 ( tor 5
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I VOLUME 1481, PACE 285 I
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PORTION OF I
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DOCUMENT NO. 0211194056
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P.O.B. I PORTION OF I
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✓OLUME 388-197, PAGE 10 I •�%
ANNIKA SULLNAN P.R.T..C.T. I
DOCUMENT NO. 0210249561
I O.P.R.T.C.T. I THE SUNDAY GROUP. INC.
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NOTES: ZONING EXHIBIT
This document was prepared under 22 Texas Administrative Code PORTION OF LOTS 4 AND 5
§138.95, does not reflect the results of an on the ground CALLOWAY ACRES
survey, and is not to be used to convey or establish interests
in real property except those rights and interests implied or VOLUME 1481,APGE 285
established by the creation or reconfiguration of the boundary CITY OF FORT WORTH
of the political subdivision for which it was prepared. TARRANT COUNTY,TEXAS
I
The Beaufort Gazette ➢urban I The HeraldSun The Modesto Bee
The Belleville News-Democrat Fort Worth Star-Telegram The'Sun News-Myrtle Beach
Bellingham Herald The Fresno Bee Raleigh News&Observer
S,a,H Daily Times The Island Rock Hill The Herald
McClatchy
S i Herald Tine Kansas City
Ilc Star The Sacramento See
Idaho 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 475856 Print Legal Ad-IPLO1427340-IPLO142734 $95.72 2 107 L
Attention: ROBERT MYERS THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County
and State,this day personally appeared Stefani
Beard,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
------------------------------------------------------------------------------- Fort Worth,in Tarrant County,Texas;and who,
after being duly sworn,did depose and say that
the attached clipping of an advertisement was
published in the above named paper on the listed
dates:
Copy of ad content
is on the next page 1 insertion(s)published on:
10/06/23
worn to an su stir e e ore me t is ti day o
February in the year of 2024
Notary Public in and for the state of Texas,residing in
Dallas County
r
STE P,HANIE HATC-HER
y Notar, IO 4 13 5 .
iros January 14,20.28
'E�
Extra charge for lost or duplicate affidavits
Legal document please do not destroyl
ORDINANCE NO.3812
ZONING CASE ZC23-0073
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,TEX-
AS,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 0.59 ACRES OF LAND LO-
CATED AT 3900 SCRUGGS DRIVE FROM C-1 (COMMERCIAL)TO U
(SCHOOL,CHURCH,AND INSTITUTIONAL);PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;PRO-
VIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVID-
ING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVID-
ING 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 elector-
ate 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
Vision203O 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 Vision203O Land Use Plan;and
WHEREAS,the owner of the property containing approximately 0.69 acres of
land located at 3900 Scruggs Drive(the"Property") has filed an application
to rezone the Property from its present classification of C-1 (Commercial)to U
(School,Church,and Institutional);and
WHEREAS,the Planning and Zoning Commission of the City of North Richland
Hills,Texas held a public hearing on August 17 and September 21,2023,and
the City Council of the City of North Richland Hills,Texas,held a public hearing
on September 25,2023,with respect to the zoning change 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 require-
ments 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 C-1(Commercial)to U(School,Church,and
Institutional)0.69 acres of property described as Lots 5K,6K,and 19K,Calloway
Acres Addition,commonly referred to as 3900 Scruggs 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 Planning Director is directed to revise the official zoning map
to reflect the approved U(School,Church,and Institutional)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 ac-
cordance 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,exceptwhen the provisions of this Ordinance are in direct conflictwith
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 Zon-
ing Ordinance and the zoning map of the City of North Richland Hills as amend-
ed 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 sep-
arate 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 Or-
dinance;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 dispo-
sition 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
two times.
SECTION 10:This ordinance shall be in full force and effect immediately fol-
lowing publication as required by Section 9 hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 25th day of September,2023.
CITY OF NORTH RICHLAND HILLS
By:Oscar Trevino,Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY.
Maleshia B.McGinnis,City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock,Director of Planning
IPLO142734
Oct 6 2023