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Home My Public Portal AboutOrdinance No. 1040-06 01-10-2006 ORDINANCE N0.1040-06 • AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS DELETING SUBSECTION 90-241(2)(c) FROM CHAPTER 90 OF THE CITY CODE, TO ELIMINATE THE REQUIREMENT THAT PLANNED DEVELOPMENTS HAVE A MAXIMUM LOT COVERAGE OF FORTY PERCENT (40%); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city 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 City Council has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code; and WHEREAS, given the current status of development in the City, requirements that impose inflexible restrictions on planned developments significantly hinder the City's and property owners' ability to further develop property and benefit the citizens of the City by creating economic and • employment opportunities and generating additional tax revenues; WHEREAS, the City Council wishes to delete Subsection 90-241(2)(c) of Chapter 90 to delete the requirement that planned developments have a maximum lot coverage of forty percent (40%) to provide the City Council with more flexibility in reviewing proposed planned developments, which are intended to provide flexibility and permit a property owner to configure property improvements to fit a proposed site, consistent with neighboring property owners' interests; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TFIE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. DELETION OF SUBSECTION 90241(2)(c) Subsection (2)(c) of Section 90-241 of Division 2 of Article VIII of Chapter 90 of the Richland Hills City Code is hereby deleted. The remainder of Section 90-241 shall remain unchanged. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of • Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect 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 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which 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 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply • ORDINAVCE DELETING SUBSECTION 90-241(2)(c) REGULATING LOT COVERAGE OF PLANNED DEVELOPMENTS Page 2 A:~DELETION OF SUBSECT[ON 90-241 2 C.DOC with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more • than Two Thousand Dollars and no cents ($2,000.00) for all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 10 DAY OF January , 2006. ,,~~~cHLgN~%% , ~ aril' : / . ~ ` TIDE HONORABLE NELDA STRODER, MAYOR ATTEST: • - /~~!!/l//1111111111\\\~\\\ KI SUTT R, CITY SECRETARY • EFFECTIVE DATE: ^GLt f ~ 20Q APPROVED A FORM AND LEGALITY: TIM G. S LLA, CITY ATT EY • ORDINANCE DELETING SUBSECTION 90-241(2)(c) REGULATING LOT COVERAGE OF PLANNED DEVELOPMENTS Page 3 A:~DELETION OF SUBSECTION 90-241 2 C.DOC INVOICE ~ u~~~f~ Star-Telegram Customer ID: CIU08 aoo w. 7TH STREET Invoice Number: 265130861 FORT WORTH, TX 76102 (817) 390.7761 Invoice Date: 1/16/06 Federal Tax ID 22-314s254 Terms: Net due in 21 days Due Date: 1 /31 /06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26513086 RiCHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Attn ACCOUNTS PAYABLE Publication Date: 1/16/06 Description Location C'ol Depth Linage I?1U Rate Amount ORDINANCE NO. 1040-06 AN ORDIN 13580 1 63 63 L[NE $0.53 $33.39 ORDINANCE NO. 1040-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS Net Amount: $33.39 TEXAS DELETING; SUB(SE~~TION 90- CH,R4Fdd a R 90 R OF THE CITY CODE TO ELIMINATE tHE REQUIREMENT THAT PLANNED HAVE A MAXIMUM FORTY VEPERCENT (qp / PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERAGBILITY CLA- SUE; PROVIDING A i PENALTY FOR VIO- LATION; PROVIDING SAVINGS CLAUSE - - ='"_~±+~+.u+.~,~,,.,r PROVIDING FOFI PUBLICATION AS GHRISTY L. HQt l_pn/~ REQUIRED BY LAW' _ _ AND PROVIDING Aft h4Y COMMISSILIN ExFif:c EFFECTIVE DATE. THE STATE OF TEXAS ANY PERSON, FIRM July 31, 7p08 OR CORPORATION WHO VIOLATES ~«:.:R-:~_,,,,~; County of Tarrant DISOBEYS OMITS; NEGLECT'u{ 'OR RE- FUSES TO COMPLY WITH OR WHO RE- Before me, a Notary Public in slsTS THE EN- and State, this da ersonall a g FORCEMENT of Y p Y ppeared Lisa Wesselman, Bid and le al Coordinator for the Star-Telegram, publish ANY OF THE PRO- am, Inc. at Fort Worth, in Tarrant Coun ,Texas; and who, after bein dul sworn, did VISIONS OF THIS ~ g y depose and say that the aft ORDINANCE SHALL dvertisem nt as ublished in the above named a er on the listed dates: BIDS & BE FINED NO MORE ~ p p p LEGAL DEPT. STAR TLEGRAM ~ THAN Two THOU- SAND DOLLARS (817) 390-7320 AND NO CENTS ~ (2 000.00)) FOR ALL ~IC~LATIONS OF THIS OFFIIDINANCE. ~ //fQ ~ EACH DAY THAT A ed 7`L,, VIOLATION tS PER- MITTED TO EXIST SUBSCRIBED AND SWORN TO BI aH sLEPARaTEIT OF inesda , anu 5, 2006. FENSE, PASSED Y AND APPROVED BY ~ THE RICHLAND HILLLS CITY COON- I Publi CIL ON JANUARY 10, ry 2006. Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 265130861 Invoice Amount: $33.39 PO Number: Amount Enclosed: