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HomeMy WebLinkAboutCC 2011-11-21 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SPECIAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, November 21, 2011 8:15 A.M. A.0 Call to Order - Mayor Trevino A.1 GN 2011 -103 Ordinance No. 3173 amending Section 114.71(b) and the landscaping regulations of the City. A.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on November 17, 2011 at _p.m. 7!�F! &A City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SPECIAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, November 21, 2011 8:15 A.M. A.0Call to Order - Mayor Trevino A.1GN 2011-103 Ordinance No. 3173 amending Section 114.71(b) and the landscaping regulations of the City. A.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on November 17, 2011. ________________________ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. ORDINANCE NO. 3173 AN ORDINANCE AMENDING SECTION 114 -71(b) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; AMENDING THE CONDITIONS WHICH WILL REQUIRE COMPLIANCE WITH THE LANDSCAPING REGULATIONS; REQUIRING REPLACEMENT OF LANDSCAPING CONVEYED, CONVEYED OR TAKEN BY EMINENT DOMAIN AND COMPLIANCE WITH PARKING ENTRANCE ISLAND REQUIREMENTS IF DRIVEWAYS ARE REDUCED OR RELOCATED; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's current landscape ordinance provisions are not as explicit on certain details such as when landscaping must be replaced or installed and the City Council desires to provide clarity as well as to reduce the value of remodeling or alteration which will trigger the requirement for full compliance with landscaping requirements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Section 114 -71(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec 114 -71 Landscaping regulations (b) Applicability. The provisions of the landscaping regulations contained in this section shall apply in the following situations: (1) When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 50 percent of the current value of the existing structures as appraised by the Tarrant Appraisal District (TAD), excluding the value of the land; (2) When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent; (3) Upon construction of a new building; or (4) As a requirement of the approval of a special use permit or planned unit development. Ordinance No. 3173 Page 1 of 3 (5) Should any of a property's existing landscaping be converted to another use, conveyed or taken by eminent domain, equivalent landscaping shall be required as a condition of the continued use and occupancy of the lot and existing structures thereon. "Equivalent" shall mean the same area and quantity of landscape materials as is being replaced. If the existing landscaping is a buffer to a public street, such buffer shall be replaced. Such requirement shall not be deemed to require more landscaping than would be required for new construction of the building on such lot. (6) If any portion of a driveway onto a public street is relocated or reduced by conveyance or eminent domain, parking entrance island requirements described in Section 114- 71(i)(3) shall be complied with. (7) Any expansion, relocation or reconfiguration of paved parking or internal drive areas, excluding restriping, shall comply with Section 114 -71(i) (Landscaping of parking lots)." Section 2: Violation of any provision of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. Section 3: All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 4: 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: This Ordinance shall become effective immediately upon its passage. AND IT IS SO ORDAINED. Ordinance No. 3173 Page 2 of 3 PASSED AND APPROVED this 21st day of November, 2011. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Ordinance No. 3173 Page 3 of 3