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Home My Public Portal AboutOrdinance No. 1048-06 03-14-2006 • ORDINANCE NO. 1048-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS INCREASING THE MINIMUM SIZE FOR LOTS IN THE R-1L SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; MODIFYING THE NOTICE PROVISIONS FOR REPEATING AND REZONING REQUESTS FOR SUCH R-1L LOTS; 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 has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code in order to regulate zoning as authorized by Chapter 211 of the Texas Local Government Code; and • WHEREAS, the zoning ordinance currently provides that the minimum lot size in the R- 1 Lsingle family residential zoning district is 20,000 square feet; and WHEREAS, almost all the lots in the R-1 L single family residential zoning district are considerably larger than 20,000 square feet; and WHEREAS, a majority of the owners of the lots in the R-1 L single family residential zoning district who indicated an opinion at a recent City workshop expressed a preference that the minimum lot size be increased to protect the integrity of the large lots contained therein, and preserve property values and the rural character of the neighborhood; and WHEREAS, Texas Local Government Code Section 211.007 (c) provides that written notice of a proposed change in a zoning classification shall be sent to each owner, as indicated on the most recent municipal tax roll, of real property within 200 feet of the property on which the classification is proposed; and WHEREAS, Texas Local Government Code Sections 211.006 (c) and 211.007(d) permit the City Council to, by atwo-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held by either the City Council or at a joint meeting of the Planning and Zoning Commission, and does not prohibit the City Council from adopting notice provisions greater than those imposed by the Local Government Code regarding proposed zoning changes; and • WHEREAS, Texas Local Government Code Section 212.015 b 2 rovides that O p written notice of a proposed replat shall be sent to each owner, as indicated on the most recent municipal tax roll, of real property within 200 feet of the property on which the classification is proposed; and WHEREAS, the Texas Local Government Code does not prohibit the City Council from adopting notice provisions greater than those imposed by the Local Government Code regarding requested replats; and WHEREAS, Chapter 90 does not currently contain any provision modifying the rule 200 foot notification contained in the Texas Local Government Code, as described above; WHEREAS, the City Council has determined that due to the large lot size in the R-1L single family residential zoning district, owners of real property within 500 feet should be informed of any requested zoning change or replat application relating to property in the R-1L single family residential zoning district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. • ADDITIONAL NOTIFICATION PROVISIONS FOR REPLATTING OF R-1L ZONING DISTRICT Subsection (b) Section 74-35 of Article II of Chapter 74 of the Richland Hills City Code is hereby amended to provide as follows: Procedu~•es. The procedure for replatting (resubdividing) shall be the same as for subdividing as provided by this chapter. All utility companies which furnish the city with water, gas, electric, telephone and television cable service, shall be notified of the proposed replat and given the opportunity to comment on the replat. Replats of property zoned single-family or duplex at any time during the preceding five years requires a public hearing with public notice to all property owners in the original subdivision within 200 feet of the lot to be replatted; provided, however, that if the area to be proposed to be changed is located in the R-1 L single family residential zoning district, such written notice shall be sent to all owners of property in the original subdivision which is located within 500 feet of the property to be replatted. These notice requirements also apply to property similarly limited by deed restrictions. Replats of residentially zoned property other than single-family or duplex, commercially zoned property, and industrially zoned property require a public hearing be held but do not require public notice. Right-of--way for streets shall be dedicated on all replats in accordance with the • thoroughfare plan. Utility easements necessary for the orderly development of the property shall be dedicated on all replats. SECTION 2. INCREASE IN R-1L ZONING DISTRICT MINIMUM LOT SIZE The table contained in subparagraph (2) of Section 90-231 of Article VIII, Division 2, of Chapter 90 of the Richland Hills City Code is hereby amended by changing the right hand column of the Lot Size Row of such table to provide "1 acre minimum", so as to require that all property in the R-1 L single family residential zoning district be a minimum of 1 acre in size. SECTION 3. ADDITIONAL NOTIFICATION PROVISIONS FOR REZONING OF R-1L ZONING DISTRICT Section 90-84 of Article III of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing on the proposed district boundary changes. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten days before such hearing is held, to all owners of • property who have rendered their property for city taxes, which is located within any of the the following: (1) within the area proposed to be changed; (2) within 200 feet of such property; or (3) within 200 feet of any other adjacent property under the same ownership as the tract to be rezoned, provided, however, that if the area to be proposed to be changed is located in the R-1L single family residential zoning district, such written notice shall be sent to all owners of property who have rendered their property for city taxes, which is located within any of the following: (1) the area proposed to be changed; (2) within 500 feet of such property; or (3) within 500 feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of public streets. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Before the 15th day before the date of the public hearing, notice of the time and place of the hearing shall be published in the official newspaper of the city. SECTION 4. 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 in direct 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 5. 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 6. 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 7. 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 8. 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 9. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars and no cents ($500.00) for all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS 14th DAY OF MARCH 2006. \\\\\~~~~u ~ i n u i +i rii~~~ ~~~~c~L~N~ , v ~ ~ =THE HONORABLE NELDA STRODER, MAYOR = ' ~ ATTEST: KIM UTTER, CITY SECRETARY EFFECTIVE DATE:~~~' `Gi.2...C`~ (7, ~bG~, APP VE A TO FORM AND LEGALITY: TIM G. SRALLA, CITY A ORNEY • INVOICE L~~:,I~ o~,iy Star-Telegram Customer ID: CIU08 40o w. 7TH STREET Invoice Number: 267543931 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 3/17/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26754393 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Atm BARBARA . WRIGHT Publication Date: 3/17/06 Description ~ Location Col Depth Linage iti1U Rate Amount ORDINANCE NO. 1048-06 AN ORDIN I3580 1 53 53 LINE $0.53 $28.09 ORDINANCE NO. 1048-Of3 AN ORDINANCE OF THE CITY OF TEXAS INCREASINSG~ ~ Net AmOUnt: $28.9 THE MINIMUM SIZE ' FOR LOTS IN THE R-1L SINGLE FAMI- LY RESIDENTIAL ZONING DISTRICTS• MODIFYING THE NOTICE PROVI- SIONS FOR RE- PLATING AND RE- ZONING REQUESTS FOR SUCH R-1 L LOTS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING APEN- I • ALTY FOR VIOLA- i TION' PROVIDING A Jr' SAVItVGS CLAUSE- + p~•, PROVIDING Fol# l CHRISTYL.HOLLAND ~t PUBLICATION AS ~ ~ tg REQUIRED BY LAw• _ MY COMMISSIONEXP~RES AND PROVIDING AN ! JU 31, EFFECTIVE DATE. i ~;;}~'~9r~E,.•' I~ BOOS Any person, firm or THE STATE OF TEXAS lat s°, diso°beys orriii°s, neglects or refuses to County of Tarrant comply with or who resists the enforce- ment of anY of the provisions of this Or- Before me, a Notary Public in < dinance shall be fined nd State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator no more than Five for the Star-Telegram, publishs Hundred Dollars and m, Inc. at Fort Worth, in Tarrant County, Texas; and who, offer being duly sworn, did depose and say that the dtta~ a° °v~oiations°'o°f°~tn°s dvertise ent was published in the above named paper on the listed dates: BIDS & Ordinance. Each day i LEGAL DEPT. STAR TLEGRAM that a violation is (817) 390-7320 co an t~ittuteta se tt~Srai® offepnse. PASSED MARCH A4 2006 ED ~ly~ ~ d SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Marc 0 Notary Public 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: 267543931 • Invoice Amount: $28.09 PO Number: Amount Enclosed $