Loading...
HomeMy WebLinkAboutOrdinance 3679ORDINANCE NO.3679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING CHAPTER 118, ARTICLE VII PARKING AND LOADING REGULATIONS, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO PERMEABLE PARKING SURFACES ON PUBLIC PROPERTY WITHIN A FLOODPLAIN; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City may at times desire to utilize floodplain corridors for passive recreation activities such as walking, hiking, biking, and nature watching; and WHEREAS, convenient vehicle parking for such passive recreational activities may be necessary to expand access to the community; and WHEREAS, paved surfaces are neither permitted nor encouraged in floodplain areas; and WHEREAS, permeable parking surfaces help reestablish a more natural hydrologic balance and reduce runoff volume by trapping and slowly releasing precipitation into the ground instead of allowing it to flow into storm drains and out to receiving waters as effluent. This same process also reduces the peak rates of discharge by preventing large, fast pulses of precipitation through the stormwater system; and WHEREAS, permeable parking surfaces can reduce the concentration of some pollutants; and WHEREAS, by slowing down the process, permeable parking surfaces can cool down the temperature of urban runoff, reducing the stress and impact on the stream or lake environment; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a Ordinance No. 3679 Page 1 of 4 recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by revising Section 118-831(f) (Minimum parking requirements) of Chapter 118 of the North Richland Hills Code of Ordinances to add sub -subsection (11) to read as follows: Sec. 118-831. — Minimum parking requirements. (f) Development standards. (11) Exception for city -owned property within floodplain. Parking, driving, and maneuvering areas located on city -owned property within a FEMA- designated floodplain zone and used for passive open space recreation may be constructed of permeable parking surfaces such as permeable asphalt, permeable concrete, permeable pavers, or flexible base. Flexible base must meet minimum testing standards established by the Texas Department of Transportation and be approved by the City Engineer. Section 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance No. 3679 Page 2 of 4 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 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 7: 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 in the Code of Ordinances of the City of North Richland Hills 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 8: 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 9: This ordinance shall be in full force and effect upon publication as required by Section 8 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 25th day of January, 2021. CITY OF NORTH RtQHLAW HILLS Oscar q1re0i9#,, Mayor ATTEST: t Alicia Richardson City Secretary/Chief Ordinance No. 3679 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: aleshia B. McGinnis CityAttorney Y APPROVED AS TO CONTENT: Clayton mstock, Planning Director Ordinance No. 3679 Page 4 of 4 Star-Telegwww Arlington iCitiven-Journal I The Kellar Citizen I La Estrella Mansfield News-Nflirror I Star Telegram Northeast I Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315 AFFIDAVIT OF PUBLICATION Account# I Ad Number Identification PO Amount I Cols I Denth r— 600579 0004861839 CITY OF NORTH RICHLAND HILLS ORDINAN $94.04" 1 53.00 Li Attention: Traci Henderson CITY OF NORTH RICHLAND HILLS PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 CITY OF NORTH RICHLAND HILLS ORDINANCE NO. 3679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COM- PREHENSIVE ZONING ORDI- NANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMEND- ING CHAPTER 118, ARTICLE VII PARKING AND LOADING REGU- LATIONS, OF THE NORTH RICH - LAND HILLS CODE OF ORDI- NANCES AS THEY PERTAIN TO PERMEABLE PARKING SURFA- CES ON PUBLIC PROPERTY WITHIN A FLOODPLAIN; ES- TABLISHING A PENALTY; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be pun- ishable hereunder. PASSED AND APPROVED on this 25th day of January, 2021. CITY OF NORTH RICHLAND Oscar Trevino retary/Chief Gover- eA 1S TO FORM AND is B. McGinnis CITY OF NORTH RICHLAND HILLS ORDINANCE NO.3679- AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF NORTH - RICHLAND HILLS, TEXAS, AMENDING THE COM PREHENSIVE ZONING ORD1= NANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMEND- ING CHAPTER 118, ARTICLE VII PARKING AND LOADING REGU- LATIONS, OF.,THE NORTH -RICH - LAND HILLS. CODE OF 'ORDI- NANCES AS THEY.PERTAIN TO PERMEABLE PARKING SURFA CES ON' PUBLIC PROPERTY WITHIN A FLOODPLAIN; ES TABLISHING A PENALTY; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ,ORDINANCES.AND REPEAL .OF CONFLICTING — , PROVISIONS;, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Any person violating any of the provisions 'of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall.be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be pun- ishable hereunder. PASSED AND APPROVED on this 25th day of January, 2021. CITY OF NORTH RICHLAND HILLS By: /s/ Oscar Trevino Mayor ATTEST: /s/ Alicia Richardson ;C!ty Secretary/Chief ' Gover- nance Officer APPROVED AS TO FORM AND LEGALITY: /s/ Maleshia B. McGinnis City Attorney THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, 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 published in the above named paper on the listed dates: Insertion(s) Published On: January 28, 2021, January 29, 2021 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 29th day of January in the year of 2021 Notary Public - ao�*`" AMBAR LIZARRAGA My Notary ID # 132031291 `�q • :S�'' Expires May 30, 2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!