The URL can be used to link to this page

Home My WebLink AboutOrdinance 3550 ORDINANCE NO. 3550 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 110-361 AND 110- 412 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO RESERVE STRIPS OF PROPERTY AND CROSS ACCESS EASEMENTS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR PUBLICATION. WHEREAS, after conducting a public hearing, the Planning and Zoning Commission has made its recommendation for the following amendment to the subdivision regulations; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's subdivision regulations as set forth herein; and WHEREAS, notice has been given and public hearings held as required for amendments to the subdivision regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Subdivision Regulations and Code of Ordinances of the City of North Richland Hills be amended by modifying Article X, Required Improvements, Section 110-361 (General infrastructure policy) of Chapter 110 of the North Richland Hills Code of Ordinances to add a new subsection (d)(3) to read as follows: "Sec. 110-361. — General infrastructure policy (d) ... (3) Reserve strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which do not meet the minimum standards of the zoning Ordinance No. 3550 Page 1 of 4 district in which it lies, or which will not be taxable or accessible for special improvements, shall not be permitted in any subdivision. 11 Section 2: THAT the Subdivision Regulations and Code of Ordinances of the City of North Richland Hills be amended by modifying Section 110-412 (Generally) of Chapter 110 of the North Richland Hills Code of Ordinances to add a new subsection 19 to read as follows: "Sec. 110-412. — Generally (19) Common access easements. To the maximum extent practicable, common access easements will be required between and/or across any lots zoned, used and/or planned by the Land Use Plan for nonresidential purposes and fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The easements must be provided on the final plat, replat, or amended plat of the subject properties, or be recorded by separate instrument with Tarrant County. The common access easement must be at least twenty (20) feet wide. The easement must encompass existing and proposed driveways and extend across the entire width of the property to provide access to adjacent properties. The location must be approved by the city manager or designee. Maintenance of any common access easement is the responsibility of the property owner or property owner's association, as applicable. When an easement is created by plat, a maintenance note must be added to the plat acknowledging maintenance responsibility. When the easement is created by separate instrument, the maintenance responsibility must be acknowledged within the separate instrument. 11 Section 3: 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 Ordinance No. 3550 Page 2 of 4 conflicting provisions of such ordinances and such code are hereby repealed. 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 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 5: Any person, firm or corporation violating any provision of the Subdivision Regulations 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 6: 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 subdivisions 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: 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 8: This ordinance shall be in full force and effect immediately following publication as required by Section 7 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 10th day of December, 2018. CITY ' NOR ' t RICH A ND HILLS By: /i/ r Y Oscar Trevino, fyor Ordinance No. 3550 Page 3 of 4 O, ,i7slstR�, ATTEST: zi Alicia Richardson, City retar v \\ APPROVED AS TO FORM AND LEGALITY: ✓ Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clay on Comstock, Planning Director Ordinance No. 3550 Page 4 of 4 CITY OF NORTH RICHLAND HILLS ORDINANCE NO.3550 1 AN ORDINANCE AMENDING THE STATE OF TEXAS OFBTHEICITTYY OF NORTH RICH- LAND HILLS BY AMENDING COUNTY OF TARRANT SECTIONS 110-361 AND 110- 412 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO RE- SERVE STRIPS OF PROPERTY AND CROSS ACCESS EASE- MENTS;ESTABLISHING A PEN- , ALTY PROVIDING FOR ' SEVERABILITY;PROVIDING AN EFFECTIVE DATE; AND FOR PUBLICATION. Any person,firm or corporation vi- olating any provision of the Subdivision Regulations of the Befo City of North Richland Hills as a Notary Public in d for said County and State,this clay amended hereby shall be deemed guilty of a misdemeanor n f and upon final conviction there- I personally appeared nit I 2 of fined in an amount not to ex- P Y PP ,Advertising Repr teed Two Thousand Dollars for the Star-Telegram,pun ished by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Te) violation00shallc be allowedutpo distributed in other surrounding Counties;and who,after being duly sworn,did dispose and say tt e ate vviiolatilon andTtpunishable following clipping of an advertisement was published in the above named paper on the following AND her IT eu IS nd SerO. ORDAINED. PASSED AND APPROVED on this I /f 10th day f December _2018. Il YD CITY NORTH oI December, HILLS —,(/,s,Oscar Trevino Car Trevino,Mayer tall 4 i ATTEST: �/y!�(Alicia Richardson I MM Richardson,City Secretary /PROVED AS TO FORM AND LE- GALITY: /61Maleshia B.McGinnis Maleshia B.McGinnis,Attorney Signed ,'-F j to Subscribed and sworn to before me,this the day of 1 _ j ' . Ica Notary Public ' k.L, b A.jv)Vl(J4 xas �s+a;'n,00.„ SHERRY LYNN HOUK ;, _Notary Public,State of Texas IN:- 'r Comm.Expires 05-30-2022 ''o;, .ts% Notary ID 131585836