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HomeMy WebLinkAboutOrdinance 3234 ORDINANCE NO. 3234 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -1, 118 -631 AND 118 -632 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ADDING DEFINITIONS AND ADDING USES TO THE TABLE OF PERMITTED USES; ADDING SECTION 118 -729 REGARDING DETENTION AND RETENTION POND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending or adding the following definitions: OSec.118 -1. Definitions Detention Pond (or basin) means a dry basin or depression constructed for the purpose of temporarily storing stormwater runoff and discharging all of that runoff over time at a rate of flow equal to or less than which would have occurred prior to installation of the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, fences, piping, headwalls, etc.) Retention Pond (or basin) means a pond which has been designed to have both a conservation pool for holding water indefinitely, and a flood storage pool for storing stormwater runoff on a temporary basis, for the purpose of reducing the peak discharge from the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, retaining walls, fences, piping, headwalls, aeration systems, etc.)" Ordinance No. 3234 Page 1 of 4 SECTION 2. THAT Sec. 118 -631 AND 118 -632 of the North Richland Hills Code of Ordinances be amended by amending the Table of Permitted Uses to add "Detention /Retention Pond" as a use permitted only with a special use permit in all zoning districts, and all Subzones of the TC Town Center Zone. SECTION 3. THAT Sec. 118 -729 of the North Richland Hills Code of Ordinances be created by adding the following: "Sec. 118 -729. Detention /Retention Pond Criteria. For any property requiring a Special Use Permit for Detention /Retention Pond, the following minimum criteria shall apply: (a) Public Works / Engineering approval is required for all detention / retention pond designs, and all other relevant ordinances apply. (b) Pond outlet structures shall be located at least 50' from a property line. (c) Side slopes (1) The top of the side slope shall be a maximum of 12 inches above the surrounding ground. (2) Detention basin side slopes shall be 5H:1V or milder. (3) Retention basin side slopes shall be 4H:1 V below normal pool depth and 5H:1 V above. (d) Depth. (1) Retention basin: The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. (2) Detention basin: The maximum depth of detention storage basins shall not exceed ten feet. (e) Landscaping is required to accompany all detention / retention ponds." Ordinance No. 3234 Page 2 of 4 SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section 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 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities 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 7. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2013. �q \ \1iiU43r 0 i �� G H Lq ' �iy / CITY ORTH I HL_yl _D HILLS r By: y Oscar Trevino, Mayor v,,� iyUUUl! Patricia Hutson, City Secretary Ordinance No. 3234 Page 3 of 4 INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 324595511 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 3/1/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 3/31/2013 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 32459551 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 2/28/2013 - 3/1/2013 CITY OF NORTH RICHLAND HILLS C1 An ordina Com- HILLS I3580 1 39 39 LINE $6.12 $477.68 prehensive Zoning Ordinance of the City of North Richland Hills by Sal amending Sections 118 -1, 118 -631 I ($431.52 and 118 -632 of the North Richland PUBLIC NOTICES Hills Code of Ordinances; adding definitions and adding uses to the Mi, table of permitted uses; adding $10.00 section 118 -729 regarding detention Legal Notices and retention pond standards; =Leg ,a providing for severability; providing LEGALITY: a penalty for violations; providing /s /George Staples a savings clause; and providing for George Staples - City Attorney publication in the official newspa- _ _ _ Net Amount: $56.16 per. - -- - -- Penalty. Any person, firm or corpo- ration who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each - — — -- day that a violation is permitted to exist shall constitute a separate RYP CHRISTY LYNNE HOLLAND offense. = o`.`•' � Passed and Approved on this 14th e• Notary Public, State of Texas day of January, 2013. My Commission Expires / s/Oscar Trevino July 31 , 2016 scar Trevino - Mayor "! ° ° T, ATTEST: C /s /Patricia Hutson Patricia Hutson - City Secretary APPROVED AS TO FORM AND Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - 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 publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Mar 13. Notary Public Thank You For Your Payment Remit TO: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 324595511 Invoice Amount: $56.16 PO Number: Amount Enclosed: $ APP TO IF AND LEGALITY: Geor e A. Staples, ity Attorney APPROVED A TO CONTENT: John Pitstick, Planning & Development Director Ordinance No. 3234 Page 4 of 4