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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/13/2004 city or l'exas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, September 13,2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Dave Dudziak, Luann Edwards, Denis Duffy, Thomas Dolan INVOCATION Commissioner Dolan PLEDGE OF ALLEGIANCE CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA AGENDA ITEMS 1. Case P-04-034 - Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West Glade Road 2. Case G-04-020 - Review and discussion of regulations for private streets and entrance gates STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS The following items were received on the last case submittal deadline: . Zoning change from AG and CC1 to PUD-C on 1.28 acres located at 6405 Colleyville Boulevard . Zoning change from R40 to PUD-R on 9.91 acres located at 908 W LD Lockett Road . Final Plat of Tuscany, 9.56 acres located at 5850 Colleyville Boulevard . Site Plan and Landscape Plan for Luxor Custom Jewelers, located at 75 Main Street Planning and Zoning Commission Agenda - September 13,2004 Page 1 of2 COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Posted: Friday, September 10,2004,4:30 p.m. ca-~d Clayton Husband AICP Development Coordinator Planning and Zoning Commission Agenda - September 13, 2004 Page 2 0'2 .~ Texas p~mG&ZONmGCOMMffiMON AGENDA BRIEFmG Agenda Date: Subject: September 13, 2004 P-04-034 - Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West Glade Road STAFF REVIEW COMMENTS RSD Development is the prospective developer of 12.15 acres of land located on the north side of Glade Road, across from the Mill Creek subdivision. The developer has submitted a Final Plat of the property for review and consideration by the City. The plat contains 13 lots for the construction of new single family residences and several open space lots. Zoning. The property is currently zoned R20 Single Family Residential. The proposed lots meet the requirements of the R20 zoning district. The minimum lot size in the subdivision is 26,297 square feet, and the average lot size is 29,763 square feet. Number of Lots. In the R20 zoning district, the Land Development Code restricts the number of lots on a cui de sac to 12 single family lots. The proposed development contains 13 single family lots. As part of the approval of the preliminary plat, the City Council approved a waiver of the number of lots on the cui de sac to allow 13 lots for this subdivision. A copy of the resolution that approved the plat, Resolution R-04-2378, is attached. Gated Community. The owner proposes to make this development a private gated community. Chapter 10 of the Land Development Code contains requirements for the development of private gated communities. The street within the subdivision will become a private lot owned by the homeowners association, which is responsible for maintenance of the street. The gates will be operated by an automatic opening system. While the Land Development Code requires a minimum of 20 lots for a private gated community, the approval of the preliminary plat included a waiver of the number of lots for this subdivision. Open Space. Though not required by the R20 zoning district, the plat contains open space areas along Glade Road, within medians on the private street, and in the northern portion of the development. The plat provides 36,910 (0.85 acres) square feet of open space area (7% of the development) for use as landscaping areas and storm water detention purposes. The homeowner's association is required to maintain the open space areas and detention ponds. Agenda Item No.1 - Page 1 Right-of-Way Dedication. Glade Road is classified as a Minor Arterial roadway on the Master Thoroughfare Plan. The developer is dedicating 20,415 (0.47 acres) square feet of additional right-of-way along Glade Road. The Master Thoroughfare Plan requires a total right-of-way of 75 feet for this portion of Glade Road. Sidewalks and Trails. The developer will construct a 10-foot wide hike and bike trail along Glade Road as part of the public improvements to this property. Each homebuilder is required to construct a 4-foot wide sidewalk on each lot as houses are built within the subdivision. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Glade Road does not meet the current roadway standards of the Land Development Code. The developer is required to construct one- half of the street or provide an equivalent amount of cash escrow for future improvement by the City before the issuance of any building permits. The owner's surveyor has addressed all Development Review Committee comments. Since this final plat contains more than four lots, this plat also requires the approval of the City Council. The proposed development appears to satisfy the development requirements and platting standards contained in the Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location map · Plat · Development Review Committee Memo · Applicant Response Letter · Resolution R-04-2378 Prepared by: ~ Agenda Item No.1 - Page 2 ~j-Tl "\J$~ ,y . ~ - ~ : :---' - ...... .,. '\.t. ,., . I 1 [C < .~ f77 "'"" t 9- 7r-- I . , ill :. ...-- l.;........... ~ J J.....-.-"~,iF' ~.. \..t.~t~ ~ \ -;.l .- ~ ~ E Location Map --. "'f 1 I I .\ I I I I ~ 1 \ ..... ; ~ 11 . . , ... .;; \ ""......- ~. ;' I r'" i ~n1 II ,_.~I v....r l: T r- I /;- U '1 "1 '\ ""- -< I- f I- vt? ~ ~ 1!1t i,:i ",.lil IU' hi i.,1 III: ' il'i., .~ .1 , i'J1. ! "'1 f . nlJ i i --- HI' d 1 ! H~llii1 .: ~Hhl ! " Ii, ! 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'I ~ 11:1, ~ l;g!!:- i i;Uil I .---- I I I / / o I r--- I I I I II ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 26, 2004 FAX TO FAX NO RSD Development 817.485.7111 ~ Jackey Fluitt 817.306.1555 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-04-034 Final Plat - Rockrimmon The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The street lot for Rockrimmon Court needs to be labeled as an "access, drainage and utility easement" . 2. A detailed drawing, to scale, of the gates and entry area must be submitted with the final plat so the relevant requirements for gated communities may be evaluated. A separate permit for the gates is required. Contact Jeff Jones, fire marshal, at 817-488-6277 for permit information and requirements 3. A portion of the entrance street will need to be dedicated as public right-of-way. The exact dimension of this dedication will be provided upon the review of the detailed gate drawing. 4. The islands/medians proposed for the street should be shown on the plat and labeled as private open space. Each island/median should be given a lot number. 5. The recording information for the proposed off-site drainage and utility easements and deed references must be added to the plat prior to the plat being recorded. 6. Label the 7.5-foot easements adjacent to the rear of Lots 8-16 as a drainage and utility easement. 7. The plat indicates a 40-foot front building line on the lots. The R20 zoning district only requires a 30-foot front building line. The building line indicated on the plat will be the required setback for all new residences constructed in the subdivision. 8. Since the plat is proposed as a private gated community, the Conditions of Approval listed at the end of this memo must be included on the final plat. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-04-034 ROCKRIMON 9. Revise the title block as shown on the marked-up print. The title block also indicates four open space lots. Which lots are considered open space lots? It appears that only three open space lots are shown on the drawing. 10. Revise the approval blocks as shown on the marked-up print. ENGINEERING CONSTRUCTION PLANS Engineering construction plans are being reviewed by the Engineering Department, Fire Department and Public Works Department. The applicant's engineer will be notified when the marked-up plans are ready to be picked up. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-503-1090. TREE PRESERVATION Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the [mal plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Glade Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the width of the street adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. The actual escrow amount may depend upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. PAGE20F5 DEVELOPMENT REVIEW COMMITTEE P-04-034 ROCKRIMON SEWER $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER 4. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a 10-foot wide trail along Glade Road. The developer is required to construct the trail as part of the improvements for this property. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, September 13, 2004, 7:00 p.m. Tuesday, October 5, 2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices, if needed. Once you have completed the changes to the drawing, please submit the following to our offices: . 16 folded copies of the revised Final Plat drawing . one 8Y:z" x II" reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than noon on Wednesday, September 8, 2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F5 DEVELOPMENT REVIEW COMMITTEE P-04-034 ROCKRIMON CONDITIONS OF APPROVAL FOR GATED COMMUNITY 1. Lot --' Block _ denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of . No building permit will be issued for Lot ~ Block_. 2. The landowners and any subsequent owners of lots shown herein (the "Lot Owners"), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the "Addition"), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. PAGE40F5 DEVELOPMENT REVIEW COMMITTEE P-04-034 ROCKRIMON 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. The HOA and lot owners agree to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the addition by the City, its officers, agents, licensees, servants and employees for any purpose stated hereinabove, whether or not caused, in whole or in part, by alleged negligence or officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. PAGES OF 5 ~ GSWW, Inc. Civil/Environmental Engineers. Planners Dallas. Fort Worth. Midland. Austin Predecessor Firms: Gutierrez, Smouse, Wilmut & Assoc., Inc. Washington & Associates, Inc. September 7, 2004 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 Reference: P-04-034, Final Plat Rockrimmon, Colleyville Dear Clayton: We have addressed the City Staff comments dated August 26, 2004. We are providing a detailed drawing for the gates and entry area as requested. If you have any questions please contact our office. RECE~'/:D SEP ":u04 l Per ............. 3950 Fossil Creek Boulevard, Suite 210, Fort Worth, Texas 76137 . 817.306.1444 . 817.306.1555 Fax. www.gsw-inc.com RESOLUTION R-04-2378 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCKRIMMON NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of Rockrimmon is hereby approved, subject to the following conditions: a. The maximum number of single family lots allowed on the cui de sac shall be thirteen (13) lots. b. The number of lots required for a private gated community shall be waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ....j A YES1 THIS THE /J'*' DAY OF (.:) ~><L~~ Cynthia Singleton, TRMC City Secreta ry tIC NAYSAND 0 ABSTENTIONS ON 2004. .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 13, 2004 Case G-04-020 - Review and discussion of regulations for private streets and entrance gates During a recent discussion of a proposed gated development, the City Council expressed concern that the gated development regulations should be reviewed to determined their appropriateness and long-term impact on the community. The City Council subsequently requested the Planning and Zoning Commission to review the regulations for private-gated developments and offer any recommended changes to improve the standards. For your information, I have attached a list of the gated developments in Colleyville. The standards for developments in Colleyville with private streets and entrance gates were established with the approval by the City Council of Ordinance 0-98-1105 on October 20. The regulations establish minimum criteria for the creation of a gated development during the platting phase of a new subdivision and for modifying an existing public street subdivision into a private street/gated development. The regulations for private streets and gated developments are contained within Chapter 10 of the Colleyville Land Development Code. Attached is a copy of these regulations. I have also attached a copy of a memo sent to the city manager in 1998, which helps to explain why the current regulations were adopted. There have been numerous articles regarding the pros and cons of gated developments. I have attached a couple of such articles to this agenda briefing. Prepared by: Agenda Item No.2 - Page 1 Subdivisions with Private Streets SLlbdivislon..Name .Jo\(;~~ .. Nl.lmberof Status Area. ()fPrivate - Lots Streets Beldon Hollow PUDR 16.12 16 Under Construction Clairemont R20 50.38 86 Developed -------- Hills Of Central Park R30 27.03 26 Developed -- Lakewood Estates PUDR 30.67 85 Developed Montclair Parc R20 64.33 78 Developed Rosewood Villas PUDR 14.76 53 Developed Sapphire Enclave R20/R30 7.36 32 Developed Shalimar PUDR 19.07 31 Developed -~ Spril1JLGarden PUDR 6.68 45 Developed Strathmore PUDR 8.43 14 Pending Construction --- Tanglewood PUDR 25.96 12 Developed Thornbury (Brook Meadows) R20 195.80 248 Developed Tiffany Park PUDR 7.16 25 Under Construction Villas at Caldwell's Creek PUDR 11.56 43 Developed Woodland Hills (Block 20) R20 - 27 Developed 86,747 Totals 485.32 821 86,747 Area of Private Streets in Square Feet TO: FROM: TV MANAGER DATE: MAY 29, 1998 SUBJECT: PRIVATE STREET SUBDIVISION POLICY Councilmembers Carroll and Thibodeaux have requested that I place on a future Council agenda a policy for private streets (i.e. gated) subdivisions. The staff prepared an ordinance regarding this issue in 1996. The City Council elected not to adopt the recommendations. I have attached the ordinance that was proposed and some staff comments concerning the ordinance. We plan to forward an ordinance to the Planning and Zoning Commission for review and comment at their June 8 meeting. Please let me know if you have any questions. ,.,~.. ". .:\.:..... ' .' Memorandum To: Bob Stripling, City Manager From: J, Doug Henderson, Community Development Director SUbject: Private street subdivision policy Date: January 22, 1996 With the City Council facing an increasing number of requests for secured private street subdivisions, you asked me to draft a policy regulating such developments. All the cities in the metroplex with written policies regulating private streets have chosen to adopt those regulations in the form of development ordinances. Borrowing heavily from the City of Mansfield and the City of Piano, I drafted the proposed ordinance 0- 96-1016 to meet our needs as defined by the Development Review Committee (ORC). The DRC then modified it before presenting it to the City Council. Even then it is still very similar to the ordinances in Flower Mound, Southlake, and Euless, as well as Piano and Mansfield. In accordance with our policy the ordinance was presented to the City Attorney when the City Council agenda for the first reading was prepared. After a review of this ordinance Ross brought up some valid issues that we may wish to study before we adopt the ordinance. I have not asked my counterparts in the other cities how they deal with these issues. 1 . Do we need an ordinance or a resolution ? Plats are approved by resolution. The private street policies could be placed on the face of each plat as determined on a case by case basis. In fact, Exhibit B to the ordinance is a complete list of all the notes which DRC would like to see on private street subdivision plats. The nature of the Subdivision Ordinance is that the City Council has a lot of discretion in the adoption of development standards for any particular subdivision. Ordinances are necessary when we plan to enforce something which brings me to the 2nd issue. 2. Can we enforce this ordinance ? We have several references to homeowners association {HOA} papers which can't be amended without our permission. Ross feels this is rather unusual and catching an HOA in an "illegal" amendment might be impossible. The municipal citation process might technically work, but in some cases a lot of damage could be done before we could gain control. There is also the fact that we have limited staff to deal with these issues. 3. How would this ordinance effect other ordinances ? There are several City Codes that reference "the public street." It has been my understanding that private streets would be treated the same as public streets as far as other traffic, sanitation, nuisance, and zoning codes are concerned. This may not be the case. Certainly, we need to decide which ones are important and fix them if we need to. 4. What will really happen if we revoke a private street permit ? Ross believes we can't put enough protection into an ordinance to insure that streets can revert back to the city without cost to the city. If a development fails there are more problems than the City ordinances facing the HOA. You may wish to ask the Council how they feel about these issues before we go any further. .' ..' ~ AGENDA BRIEFING i nee Texas DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: MEETING J AGENDA # 01/16/96 J 4 0-96-1016 - Amending Chapter 9 (Subdivision Regulations) of the City Code regulating developments with private streets and entrance gates I J - - Januarv 16, 1996 .. First Reading and Public Hearing. Ordinance 0-96-1016 BackQround ~. Since there have been several recent inquiries regarding the approval of private street subdivisions, the City Council has asked the Development Review Committee (ORC) to ..; discuss and draft a policy for the regulation of subdivisions with private streets and security gates. If the City Council wishes to approve such developments, the ORC 711 recommends the adoption of a strict policy. The attached draft ordinance would: 1. 2. -. - 3. 4. 5. - ; 6. regulate the design of the streets and gates; require homeowners associations (HOAl's to create street maintenance funds; provide for City indemnification; provide a method for revocation of Yprivate street permits.; provide a method for HOA petition to return streets to City at HOA expense; require City approval of HOA documents. The Planning and Zoning Commission reviewed the draft ordinance and recommended - that the mandatory sinking fund include maintenance as well as reconstruction responsibilities. Recommendation Adopt a policy for the development of subdivisions with private streets. ~ j " '!tW ~~~/ CITY MANAGER , - r ~ , " . '''' I . I ~.,-" . ..-. .., ....- .' ,- .-.'. . - ............. . ,". t j '1;' SEPTEMBER 1993 AMERICAN PLANNING ASSOCIATION II f co ii i Home, Safe Home? By Jim Schwab Americans seem uneasy these days about the security of their neighborhoods. In major cities. rising crime and random violence have made many families jirrety--even when they live in the suburbs. These concerns are being reflected in the marketplace for new housing as some developers are using walls and gates to provide a sense of security. In addition, inner-city communities are seeking to limit access to their neighborhoods with barricades and street closures. But walls. gates, and barriers can radically change the character of surrounding buildings and neighborhoods. Such securi[)' measures can also have social impacts by creating a visible barrier dividing those who can afford them from those who cannot. Urban Enclaves It would be a mistake to assume that the desire for security is limited to the residents of tony. high-income communities like Bel Air. Middle-class neighborhoods in Los Angeles have been clamor- ing for street closures in a bid to seal our the racial tensions and gang warfare that have plagued the city in recent years. Their petitions for "withdrawal of public rights-of-way." processed by the Bureau of Engineering in the public works department, so overburdened that staffs capacity to handle them that the depart- ment early last year drafted a new policy. It proposed to distinguish between "nuisance closures." which would be undertaken to prevent a threat to public health and safety (often illegal dumping), and "convenience closures." undertaken primarily to benefit the requesting neighborhood. The public would bear the cost of nuisance closures, while petitioning neighborhoods would pay for convenience closures. The department estimated the cost of processing a typical convenience closure to be $6,500. The neighborhood would also be assessed the cost of whatever physical installations were needed to close the street. The policy, however. was based on the erroneous assumption that the city could undertake such measures without public notice to the surrounding residents and without public hearings to establish that such closures were justified by public health and safety concerns. says Leon Dayan. an attorney with the L.A law firm of Hall and Phillips. Dayan's firm. along with the Center for Law in the Public Interest, brought suit last year to halt the gating of Whitley Heights. a hilly, single-family enclave near Hollywood. The Whitley Heights Civic Association (WHCA) had won ci[)' permission to erect eight gates on public streets entering the area, leaving the residents of multifamily apattments at the bottom of the hills outside the gates and without access. Those residents. who learned of the plan only after work began. first won a stop-work order because the fire department had never been notified. They later filed suit as Citizens Against Gated Enclaves (CAGE). Ruling for CAGE, the court cited the lack of any authority in the California Vehicle Code for cities to erect such gates without first vacating the streets. Under WHCA's agreement with the city, the city retained ownership and responsibility for maintenance of the gated streets and retained the right to reopen the streets at any time with prior notice ofWHCA. The court noted that its ruling derived from a line of California Supreme Court cases that also restricted cities' rights to limit street access under the vehicle code. One of those, RumfOrd v. City of Berkeley, in 1982 found no express authority for partial street closures. The California legislature subsequently broadened some language in the vehicle code to permit closures "consistent with the responsibility of local govern- ment to provide tor the health and safety of its citizens." But it enacted orhcr provisions to codifY aspects of Rumford and the basic findings in City of Lafayette v. Contra Costa COII/10' (1979). which found no authority for selective gating of public streets. The coun's Februaty ruling in CAGE 1/. City of I os Angell's, tlnalized in May, resulted in a moratorium on "about 40 or 50" applications for neighborhood street closures, according to Gene McPherson, the engineering bureau's director ofland development and mapping, In the meantime, WHCA-but not the city-has appealed the decision. According to Dayan, 'Wl1CA is also suing the city for damages for its failure to notif)' the association of the need to notil}! the fire department bdore ir started work. These rypes of street closures are not a new idea, says Oscar Newman, president of the Institute lor Community Design Analysis in Great Neck. New York. In his 1980 book Community of Intemt, Newman described neighborhoods in St. Louis that had secured permission to erect street barriers to impede through traffic and criminal activity. These racially mLxed enclaves, according to Newman, helped to preserve a middle-class presence in areas <Juickly being converted from single-tamilv to multitamily housing. The barriers, which limited access to the neighborhoods to one or twO points, allowed !ami lies to reclaim the s~reets as public gathering places, "almost as an extension of their lawns," Newman says. This also facilitated the easy capture of fleeing crimi nals, Newman wrote, and thereby encouraged residents to call the police. Newman's survey of these neighborhoods reponed higher propeny values and lower crime rates than in adjacent blocks. lvlore recently, Newman has consulted with neighborhoods in Davron, Ohio, ~ll1d Forr Lauderdale. Florida. Davron, he notes, is ab~ut half black ;:md half white, with a similar spiit between single- lamily and multitamily housing. The J.reas t1Ut were enclaved were all about three-quarters of a square mile in size. Newman compares the resulting enclosures to suburban superblocks. which contain internal networks of residential side streets off exterior traffic arteries. The concrete street barriers are often landscaped and beautified with shrubbery. The COSt, he says, is "peanuts." In Plantation, a small community just outside Fort Lauderdale, it cweraged "53 a year in property ta.xes" to pay for the special assessment. In Dayton, he adds, the cost was $3 to 55 per house- hold, but the city paid the tab. N"ewmJ.n also notes that these enclaves do not create the traffic problems many people feJ.r because most of the traffic that had used these neighborhoods as shon curs remains on the treew.ly. In one instance, he says, traffic that ciry engineers teared might rise by 600 percent on adjacent streets instead rose onl;' 20 percent. Newman charges that some of the previous traffic consisted of suburban com- muters "stopping on their way home for drugs and prostitution." After street closure, he maintains, these people skip the area entirely. Reactions to Newman's proposals have varied. In Dayron's Five Oaks neighborhood. he says, the city embraced the idea in an et1:ort to preserve an enclave of desirable housing lor city and hospital employees who work downtown. The city has even made housing improvement loans available on a priority basis and implemented the plan within just six months. Fort Lauderdale officials, however, loughI' Newman's proposal lor Riverside Park, arguing that it allowed the neighborhood association to comrolland use and become its own zoning power. Eventually, however, residents won the city's support. Nt.'wman says that plan was attacked as "apartheid" but charges that the critics were slumlords who were letting their housing deteriorate. Noting that their suit to block the project tailed, he declares, 'The chatge of racism bJ.s become the last refuge of scoundrels." As tor the obvious question of what becomes of adjacent communitic's "outside the gates," Newman simply suggests, "they can do the same thing" One critic who might beg [0 disagree is ~1ike Davis, a Los Angeles an.:hilccl. In City OfQiUlrtz, published by Vintage Books in 1990, Davis describes the trend towatd srreet enclosure and tight security in Los Angeles as a torce thar is sreJ.dily destroying, nor enhancing, what remains of community life in that city. Newman's thinking has changed on one point. In St. Louis, he notes. private neighborhood associations rook over responsi- bility for collecting the equivalent of the t<L'( tebates people Below, the allq 111ld garage.\' that fOrm the ,',1stI'm edge ,ifAtltmtis Group:' Hawthome COllrt. On the front cover, note tliffirence in ,'xterior between Htlwthome (right) ,md Park Lime (upper middle). In the kwer middle and kft photos are Afiami encltwes-one gated, one barricaded. 2 \I' " .\ .. ..,..' . received for maintaining their own streets. But such associations wax and wane over time, he says, and maintenance suffers from the difficulties of entrusting fee collection and street repair bids to voluntary officers. The result has been a gradual decline in street maintenance. Today, he says, he would advocate keeping maintenance responsibilities in ciry hands while letting residents pay for the physical barriers that limit access. Ungatlng the Entrance The idea of urban enclaves as a form of new development took hold in Chicago in 1985 with Atlantis Realty Group's 80-unit Hawthorne Court On the North Side. That development bunched 10 townhouses around each courtyard, with a fenced gate providing common entry. Harold Robinson, president of Atlantis, says the project sold out quickly and was well received by its neighbors (who even brought pies and cakes to a community presentation) because they realized it would probably increase property values. Those increases have resulted in higher taxes, however, and Robinson says he would not expect the same reception today. In both Hawthorne Court and a subsequent townhome development, Park Lane, Atlantis had to resolve concerns about increasing the allowable density from the previous wning for single- family homes on individual lots. Atlantis also encountered problems with the local post office, which lacked enough numbers to accommodate the individual units with separate street addresses and wanted a single dropoff point, such as it would have in multifamily apartments under federal postal regulations. Robinson describes the approval process for such developments as a "tremendous P.R. job>> in which the developer must ease concerns about traffic and ourward aesthetics before gaining site plan approval, "Neighbors like to.see trees,>> he notes. It is clear that Robinson's philosophy about the security of enclaves has changed. Hawthorne Court, he admits, "turned its back>> to adjacent industrial land uses and is very inwardly focused. Visitors must gain entry by first reaching residents through an inter- com system. But at Park Lane, he says, "we decided that the visibil- ity>> of the central park around which the townhomes were built was sufficient to deter crime, although each unit still has its own security system. Outsiders, however, can walk freely through the entrance into the commons, at the center of which sits a small fountain. Other Chicago developers have also joined the enclave trend, offering townhouses and condominiums priced from $150,000 to $750,000. The Atlantis units range up to about $300,000. According to Robinson, the buyers are mostly young families with preschool children who value security within an urban environ- ment. Because of the poor quality of the city schools, Robinson says, these young couples rend to move to the suburbs when their children reach school age. The Good Life The Chicago enclaves and the newly closed urban meets represent the moderate end of the spectrum of security concerns. The upper end may be found in the Southwest and in resort communities where, in many respects, government has been privatized. Commu- nity associations collect fees and take responsibility for a range of services provided elsewhere by the city, such as internal street maintenance, garbage collection, and varying levels of security. Hilton Head Island, South Carolina, and Palm Springs, California, both were incorporated as municipalities after many of their gated communities were built. In the former case, notes community development director Stephen G. Riley, the result has been a notion of "limited town government.>> In both cases, gated communities are not the exception but the norm. "Gated communities we kind of take for granted,>> says Richard Patenaude, the assistant planning director for Palm Springs. As a result, the city does not deal with them separately in its zoning ordinance. Started as a desert resort, Palm Springs has low density and few traffic problems. Patenaude says the city largely relies on its well-honed sense of aesthetics to evaluate architectural plans on a case-by-case basis. He defines that sense of aesthetics as "preserving views of the mountains>> and "not being intrusive on the landscape.>> Interestingly, the aesthetics of nongated communities drove the incorporation of Hilton Head Island, according to community development director Stephen G. Riley. Such high-class resort developments as Sea Pines set the standard early in the 1950s for later gated communities, he says. But as Hilton Head's population grew from a few thousand to nearly 20,000 today, concern grew that development outside the gated communities was not maintain- ing the same standards. Since many of the residents of nongated areas are black and poor, incorporation and wning became in part a class issue, he rotes. Many of the town's longtime residents also resent being steadily priced out of their own community by developments for wealthier newcomers. Neither of these communities report any contention over issues of taxation and city services. For the most part, Patenaude and Riley say, the residents of gated communities do not mind paying property taxes for services that are more fully used by other residents while they also pay association fees for similar services. They largely view it as a reasonable cost for the privacy they cherish. There is, however, one issue that may cause future problems, in Riley's view. Should a major hurricane hit the area, he notes, the town might be severely restricted in its ability to aid the gated communities because, under federal rules, using public funds to aid such privatized communities could cause the town to forfeit disaster assistance from the Federal Emergency Management Agency. In addition, residential commu- nity associations in some states have lobbied for property tax rebates for the cost of services they have provided themselves. Hilton Head Island also faces unique problems of traffic conges- tion that produced a failed growth management initiative in 1985. The dozen gated communities that span the island make it impos- sible to establish a complete parallel road system to augment the Cross-Island Expressway, the one main artery that traverses the island. By their very nature, gated communities channel traffic on to main roads through limited enrryways. This may not be a problem in a sprawling desert suburb like Scortsdale, Ariwna, whose gated communities, according to planning director Robert Cafarella, host many retirees and telecommuters. But it can be a serious problem on a coastal barrier island with heavy seasonal tourist traffic. Riley says the town is attacking this problem in two ways. First, it has drafted a wning code amendment that would block any development whose traffic increase would create at least a GO-second delay at local intersections or increase the highway's volume-to- capacity ratio above 1.0. The 1985 referendum, which Riley dubbed "a lime extreme," would have halted all development on the island if traffic fell below level-of-service D, a more stringent requirement. Second, the town will require new hotels and motels to locate within a short distance of eating accommodations in order to reduce tourist traffic. One aspect of the town's wning code has caused problems that Riley says, in hindsight, probably could have been avoided. In adopting the code, the town "pretty much just recognized" the gated communities' existing master plans, which were never consistent in their level of detail. As a result, detailed and specific master plans now handicap the developers of some communities when they seek wning changes, while others have a freer hand to 3 C (( I M t?~l.lIl ,.lIt (J tJ alter their original planned uses. "It works to the advantage of those Who were less diligent," Riley notes, observing that residents watch proposed changes closely. "If we'd thought about that, we would have asked them to update those plans and make them conform to a single standard. " 'lite Illusion of Security There is little question that the security precautions of gated and endaved communities all along the spectrum add some measure of safety, both real and perceived, to the people who live in them. In the most upscale communities, particularly in resorts, residents are clearly seeking exclusivity as well. While there are zoning and traffic-control issues associated with these communities,. planners and public officials also must think about the larger questions of crime and personal security that these communities cannot resolve. Gated communities and urban enclaves function within the context of all the problems of the cities and metropolitan areas within which they are devel- oped. While they can ameliorate some outside influences, they cannot eliminate them, nor do they make life easier for those left outside the gates. For perspective, it may be worth considering a recent article in Harpers ("Home, Safe Home," November 1992) about Green Valley, Nevada, a large corporate development neat Las Vegas. The president of the community association, the story says, was arrested for allegedly burglarizing a model home. According to a local newspaper, he ran to his own home, dropping his loot "piece by piece" until he hid in the attic. The ceiling cracked, and he fell into the midst of the waiting police. Sometimes, this story might have said, when we meet the enemy, it is us. Zoning lor Mlcrollre1llt'.rles Recently, the Planning Advisory Service has been getting questions about zoning for microbreweries, the latest trend in the beer industry. Though a visit to the local brew pub does not carry the same panache as a trip to Germany for Octoberfest, it definitely ranks a cut above the doIlardraft sold at the local watering hole. Microbreweries let patrons taste good, locally brewed beer in a casual, pub-like establishment. Most also serve food. Brewmasters take pride in their brews and often compete with other microbreweries around the country. These places seek to capture the market of beer drinkers who are willing to spend extra. money on taste. They often attract tourists who regard the beers as samples of local culture. Most have helped the local economy, with little or no adverse impact. To Zoning NtwJ is a monthly newslener published by the American Planning Association. Subscriptions arc available for $45 (U.S.) and $54 (foreign). Israel Stollman, Ex(:cutive Director; Frank S. So. Deputy Executive Director. Zoning N~ws is produced at APA. Jim Schwab, Editor; Michael Barrette, Luke Bogash, Fay Dolnick, Michelle Gregory, Becky Maroot, Marya Morris, Amy Van Doren, Reporters; Cynthia Cheski, Assistant Editor; Lisa Barton, Design and Production. Copyright @1993 by American Planning Association, 1313 E. 60th St., Chicago, lL 60637. The American Planning Association has headquarters offices at 1776 MassachusettS Ave., N.W., Washingron, DC 20036. All rightS reserved. No part of this publication may be reproduced or uti'lized in any form or by any means, electronic or mechanical. including photocopying. recording. or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. (j 4 7::0 .r: ;,~~ learn how they are regulated, we. mailed a request for information to cities we knew to have microbreweries. The results: San Diego has a number of microbreWeries but has no specific provisions for them in its code. Most are classified as accessory uses to restaurants or entertainment facilities. The city has not yet experienced any problems specific to these facilities. Parking standards are determined by the restaurant's square footage. In Toronto, beer brewing falls into more than one category. The typical "brew pub" is defined as a restaurant where alcohol and meals are served, and, as an accessory use, beer is brewed on the premises. Parking standards are not specifically addressed. Toronto treats a "brewery" (something that does not provide a restaurant service) as permitted in most of its industrial districts. In this type of facility, the parking standards for a "manufacturing plant" (one space for every200 square meters of floor area) are applied. Toronto has also seen the rise of a new beer industry that can be described as phased beer processing. First, the liquid beer extract is prepared off site at an industrially zoned facility. Then it is brought to an outlet, where it is blended to the client's specifications with yeast and hops to make a five-gallon drum of liquid ferment. Finally, the clients bottle and label the fermented beer themsdves in their own establishment. This is how many house beers are produced. The city had difficulry deciding how to classify the second and third phases of this process. Because adding yeast and bottling the product occur on site, but the extract is actually produced elsewhere, these types of establishments can be permitted in commercially roned.areas. In Denver, breweries are allowed only in the 1-2, heavy industrial rone. The ciry currently has two small breweries, both located in 1-2 wnes. Denver's code also allows the "brew pub" in its B-5 (down- town), B-7 (lower downtown), and B-8 (intensive commercial zone) districts. Denver defines a brew pub as "An eating place which includes the brewing of beer as an accessory use. No more than 30 percent of the product, either in bottles or kegs, may be sold to off- premises customers. NotWithstanding more restrictive provisions of the chapter, such accessory use may occupy up to 20 percent of the gross floor area of the eating place." Denver has four brew pubs, and parking standards correspond to the restaurant's square footage. In Carson City, Nevada, microbreweries are basically restau- rants. A brew pub is defined as a retail business with restaurant use being 51 percent of gross floor area and the bar and brewery use not exceeding 49 perCent of the gross floor area. Parking is based on the size of facility. Portland, Oregon, considers microbreweries either as "manu- facturing and production" uses or "restaurant/tavern" uses, depending on their location. It allows them in employment and industrial zones as 'well as most commercial zones, where square footage must be between 5,000 and 10,000 square feet, depending on the intensity of the zone. Most of Portland's microbreweries are located in its "Pearl" district. This is a historic warehouse district that h<iS recently undergone a wave of rehabilitation to higher~intensitj uses. The microbrewery buildings, along with other buildings in the area like art galleries and: loft housing, are subject to historic design review. Parking requirements for Portland's microbreweries are one space per 750 square feet of floor area for manufacturing and production uses. These facilities are also subject to Portland's Off Site ImpfUts Code, which specifies maximum noise, odor, vibration, and glare levels. If the microbrewery use is classified as a "restaurant/ tavern," it must provide one space for every 250 square feet. Some microbreweries are located in Portland's commercial and central service zones, which require no off-street parking. ~ Michelle Gregory Please fence me in I csmonitor.com Page 1 of 4 . Cl ri{I~Tr:\,'l Sun<cr l\.\U~ITOR csmonitor.com . from the August 06, 2003 edition - http://www.csmonitor.coml2003/0806/p11s02-Jihc.html Please fence me in The allure of gated communities is built on a simple premise: Gates keep criminals out and desirables inside. It's an idea that has appealed to many. But is it valid? By I3Q~$Atkin I Staff writer of The Christian Science Monitor PONTE VEORA BEACH, FLA. - For visitors to Marsh Landing development, stopping by to see a friend involves more than driving up to one of the large, expensive homes. The first stop comes at a gatehouse, where a guard checks the day's list of expected guests. Unanticipated visitors must wait until the guard calls the homeowner and gets clearance. Only then are approved guests issued orange passes that allow them to enter this private 1,1 DO-house neighborhood. The limited-access, or gated, lifestyle of Marsh Landing is one chosen by routlY half lli,e residents in this reqion southeast of Jacksonville, Ea. The allure of such deve opments is built ona simple premise: Gates keep criminals out and desirables inside. It's a concept that has appealed to many over the years. Nationally, the number of people building or buying behind gates grew rapidly in the past few decades to about 4 million today, according to some estimates, with maybe twice as many behind walls or fences that give the appearance of being gated. And builders continue to construct gated communities. After all, by putting a gate on a new project, a developer can quickly and inexpensively make a statement with a memorable entrance. But gating has now lost some of its original cachet. Since gated communities are no longer new, tb~y are not so special anymore. And they don't necessarily deliver the increased ~~fetv that attracted buyers In the first place. Urban planners and academics are also raising questions about the long-term social impact of gated neighborhoods: Will privatizing traditionally public spaces lead to an erosion of civic engagement? Will gates that clearly delineate neighborhood boundaries heighten the sense of social, economic, and racial divisions that already exist in society? And will children who grow up in gated communities come to depend on walls and gates for a sense of security? Questions like these hang in the air, waiting to be studied, as first-generation gated communities mature and new ones are created. Do gates provide safety? What has been answered, so far, is the question of whether gated communities provide the level of safety that has long been implied. The answer: not really. http://www.csmonitor.com/2003/0806/p11s02-lihc.htm 6/17/2004 Please fence me in I csmonitor.com Page 2 of 4 There is no definitive study, for example, that proves gating significantly lessens crime. The fact is, upscale communities like Marsh Landing generally are in areas that already enjoy low crime rates. What crime does occur here is limited to things such as vandalized mailboxes or garage thefts that insiders, including teens and contractors, are as likely to commit as anyone else. Living behind a gate does provide residents with a perception of greater safety, however, and it does discourage some criminals. "Just having the gates, psychologically, is going to deter some burglars," says Chris McGoey, a California-based security consultant. He acknowledges that the real focus in these places is on discouraging drive-through robberies, speeding, and unwanted traffic and solicitors. r Regardless, many residents still say that they feel more secure, because the gates protect1 LJhem in ways that are not immediately apparent. J Seniors such as Cali McClure, a resident of Lake Barrington Shores in Lake Barrington, III., appreciate the presence of friendly guards at the entrance. "As a single woman, it's nice when you drive in late at night," she says. "It's just like somebody greeting you when you come home." And as Marcia Hodgson of Marsh Landing points out, the gates do provide more privacy. 1 ("You don't have people selling you vacuum cleaners or magazines or trying to talk you into their religion," she says](And if somebody like the Girl Scouts come to your door, you know it's a kid from the neighborhood~ 4"'" cl:> ? ) For Dan MacDonald, a retired salesman from New York, Marsh Landing appealed because of "the landscaping standards and the look of it." Unlike unzoned areas where stately homes may sit alongside double-wide trailers with abandoned cars in the front yard, the subdivision, with its lagoons and carefully laid out green spaces, has the feel of a manicured private park. Even as gated subdivisions have lost their sense of newness in most parts of the country, they appear here to stay. This is partly because of their inherent appeal in a security- conscious culture, and ~rtlY because they project an air of exclusivi~, Which sells well in a society that imitates the wealth'i.. (But while gated communities have not lived up to the hype, they may not deserve some 011 the criticism they have gotten, either. J ~ (For instance, some experts have wondered if these communities might rally their residentSl. l.to vote against tax hikes to fund needed community services and to pay for schools. J Observes Bruce Maguire, a county commissioner representing Ponte Vedra Beach, "If you live inside a gated community, you have to ask yourself, 'Why would I want to pay anotherJ 'i1 . $500 a year in tax~, because [the local government wo ' in for my streets, my ?- q. ~) L park, my landscaping, so w a e getting.'" J river Even so, Mr. Maguire says he has not seen the gated communities he serves acting as a monolithic voting bloc. http://www.csmonitor.com/2003/0806/p11s02-lihc.htm 6/17/2004 Please fence me in I csmonitor.com Page 3 of 4 Some governmental resistance to gates exists, but whether it constitutes a real countermovement is hard to tell. The main thing for some jurisdictions is to ensure that gated communities have sufficient reserves, lest they become overwhelmed by infrastructure repair costs and turn in desperation to public funding to bail them out. "Local governments are looking at these things and saying, 'If we allow these communities to have their own streets we may be inheriting a burden in the future, as the community ages,''' says Edward Blakely, coauthor of "Fortress America: Gated Communities in the United States." Another concern about gated communities has been that people who lived in them might disengage from the rest of the world. As Steven Bodzin of the Congress for the New Urbanism puts itCGated communities are seen as the ultimate manifestation of a lot of bad trends in American real estate, including increased segregation by income, the loss of true public space, the loss of the commons, where democracy is supposed to flourish.:J Part of the American dream? But Sharon Aardal, who lives in the Blackhawk development in Danville, Calif., disagrees with that assessment. She enjoys "access to all kinds of things right outside the gates. I don't feel isolated in that sense at aIL" [The main drawback she sees In living In a gated communfty Is the perception otllers hav~ and she once did, that residents are snooty. "That was my reluctance," she acknowledges, "but I found it's not that way at all. This is a delightful community." The American dream, says author Blakely, is to find a great neighborhood "because we really are a communal people. There's this urge to find the dream place, the dream house, the dream neighborhood. Gates give the illusion that somehow you can control this." Historically, walled cities were built to protect those in power and their communities. They can be traced, according to "Fortress America," to the Romans, who erected walled communities in England in 300 BC to maintain order. In the United States, gating dates to two periods of high immigration, says Blakely, who suggests that the influx of new peoples leads to efforts to insulate established residents. The first occurred in the late 1800s, when cities were industrializing, and the second was after the Vietnam War. Planned retirement communities in the 1970s helped drive gated- community development focused on lifestyle, prestige, and/or safety. Today gated communities are most prevalent in the Sunbelt stat~ - Arizona, Texas, Florida, California. In Marsh Landing, people get together at individual homes or the golf club, where putting greens, not town greens, facilitate much of the social interaction. {-one resident without golfing privileges concedes, "We're living in a very nice place, bu0 ~ometimes I feel like I'm living on an island." :.:...J FulltlTML,.YersiQILQtthisstQIYWhJGh~.rnCly..iDG11.I<:1e2hQtQs.L.9@QhicsJlml_LeLClte<1linlss htlp:llwww.csmonitor.com/2003/0806/p11s02-lihc.htm 6/17/2004 land Develooment Code City of Collevville. Texas Section 10.1 Purpose of This Chapter The purpose of this Chapter is to establish regulations for gated subdivisions with privately owned streets. Section 10.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the following authority: 1. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. 2. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 3. The Home Rule Charter of the City of Colleyville. which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 10.3 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 10.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Section 10.5 Council Authority and Procedure to.S.A AUTHORITY The City Council, after receiving recommendations from the Planning and Zoning Commission and holding a public hearing, may grant a variance to allow approval of a plat or replat of a subdivision which includes private streets and entrance gates, provided that the subdivision complies with the minimum requirements listed below plus any other requirements deemed necessary by the City Council in order to protect public health and safety. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures. lO.S.B PUBLIC HEARINGS REQUIRED A request for a subdivision with private streets must be reviewed by the Planning and Zoning Commission and City Council with each body holding a public hearing. Written notices of all such public hearings shall be sent to all owners of real property lying within 200 feet of the proposed subdivision with private streets. Chapter 10 - Private Streets & Entrance Gates Page 10 - 1 land DeveloDment Code CIty of Collevvllle. Texas Such notices to be given not less than ten (10) days before the day set for hearing, as listed on the last approved City tax roll. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. The applicant will be sent notice by registered mail. The Planning and Zoning Commission will act in an advisory capacity to the City Council in this matter. A subdivision with private streets and alleys is permitted only after a final decision has been made by the City Council to issue a private street permit. Section 10.6 Conditions of Approval lO.6.A PLANNING CONSIDERATIONS 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty (20) single-family lots or greater. lO,6.B PUBLIC ACCESS CONSIDERATIONS In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on-site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. lO.6.C PRIVATE STREET AND DRAINAGE DESIGN AND CONSTRUCTION STANDARDS Private streets must conform to the same standards regulating the design and construction of public streets. These standards shall include, but are not limited to the concrete street standards, engineering design guidelines and construction standards and details, street naming and addressing policy. The drainage system must meet all the requirements of public facilities, including sizing to carry upstream loads, metered discharges, etc. lO.6.D TRAFFIC SIGNS All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices. lO.6.E HOMEOWNERS ASSOCIATIONS (BOA) REQUIRED A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that Page 10-2 Chapter 10 - Private Streets & Entrance Gates land Develooment Code City of Collevville. Texas the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. Np portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. 10.6.F RESERVE FUND The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities, and related appurtenances. The reserve fund should be accounted for separately from other funds maintained for annual operating expenses of the association in order to better demonstrate that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than January 31st of each year, submit to the City a copy of the reserve fund statement for the preceding calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as otherWise determined by the City Council. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The City requires that the HOA employ an engineering firm to estimate the cost of replacement based on inflation, original design and construction and the age of the facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the' completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. 10.6.G PRIVATE STREET LOT Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. 10.6.H CONSTRUCTION AND MAINTENANCE COST The City shall not pay for any portion of the cost of constructing or maintaining a private street. 10.6.1 CITY UTILITIES Water, sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. 10.6.J PLANS & INSPECTIONS Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed Page 10 - 3 Chapter 10- Private Streets & Entrance Gates land Develooment Code City of Collevville. Texas to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. 10.6.K ACCESS RESTRICTIONS Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device Which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. 10.6.L RESTRICTED ACCESS ENTRANCE DESIGN STANDARDS Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00-1261/12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. 10.6,M VISITOR ENTRANCE DESIGN STANDARDS At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. A turn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. 10,6.N RESIDENT ONLY ENTRANCE DESIGN STANDARDS In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide a turn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. 10.6.0 HOLD IlARMLESS Page 10 - 4 Chapter 10 - Private Streets & Entrance Gates land Develooment Code City of Collevville. Texas The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. 10.6.P REVOCATION OF PRIVATE STREET PERMIT The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA will forfeit to the City the remaining balance of the reserve fund established for the maintenance and improvement of all streets and utilities within the subdivision. If the reserve fund is insufficient, the lot owners will be assessed the difference for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. 10.6.Q PETITION TO CONVERT TO PUBLIC STREETS The HOA may petition the City Council to accept private streets as public streets and right-of-ways upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs .are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. 10.6.R PETITION TO CONVERT TO PRIVATE STREETS The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. Should the City Council elect to grant the petition, the City shall receive documentation of an acceptable plan whereby a reserve fund of the appropriate amount is set up for implementation by the HOA. 10.6.S CITY ATTORNEY REVIEW Chapter 10 - Private Streets & Entrance Gates Page 10-5 land Develooment Code City of Collevville. Texas All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. 10.6. T SUBDIVISION PLAT REQUIREMENTS The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10- B" must be provided in all final plats for subdivisions with private streets." 10.6.U PERMIT FEE To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, a partially refundable fee of $700 shall be presented upon application for approval of a private street subdivision. If the application is denied by City Council, $500 shall be refunded to the applicant. " EXHIBIT "1 O-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT ' acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as , an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. \ WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of ,199_. (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: 1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of . No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the DLot OwnersD), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the DAdditionD), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. Chapter 10 - Private Streets & Entrance Gates Page 10 - 6 land DeveloDment Code Otv of Collevvllle, Texas 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate. and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Chapter 10 - Private Streets & Entrance Gates Page 10-7 land Develooment Code City of Collevville. Texas Section 10.7 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number 0-00-1261 Date 12/19/00 Sub'eel Restricted Access Entrance Des' n Standards Page 10-8 Chapter 10 - Private Streets & Entrance Gates .$ 7'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 13, 2004 Staff Comments, Reports and Discussion Items Attached is a memo regarding the live broadcast of all City Council, Planning and Zoning Commission, and Zoning Board of Adjustment meetings. Prepared by: Staff Comments, Reports and Discussion Items Barry LeBaron Subject: Dixie Cawthorne Wednesday, September 08, 2004 3:01 PM Barry LeBaron; Cynthia Singleton; Dianne McWethy; Dixie Cawthorne; John Young; Kacey Bess; Keith Fisher; Kelly Cooper; Kelly Howell; Lin Przybyl; Mary Rodne; Mike Johnston (E- mail); Monica Walsh; Scott Welmaker; Stephen Seidel; Terry Leake; William Lindley City Council and P&Z live tapings From: Sent: To: Management Team, Starting Monday, September 13, 2004, we will begin showing Planning and Zoning meetings and Zoning Board of Adjustment meetings "live". We will also be rebroadcasting Planning and Zoning meetings one-time (Thursday at 6:00 p.m. following a P&Z meeting). We will not be rebroadcasting Zoning Board of Adjustment meetings. Planning and Zoning met on the 2nd and 4th Monday's of every month. Zoning Board of Adjustments meet on the second Tuesday of every month if there are cases to consider. The schedule will go as follows: Week of P&Z Meeting: 7:00 PM - Monday, September 13, 2004 live P&Z meeting 7:00 PM -Tuesday, September 14, 2004 live ZBA meeting 6:00 PM -Thursday, September 16,2004 rebroadcast September 13, P&Z meeting Week of Council Meetings: Tuesday, September 21, 2004 live council meeting 7:30 PM Thursday, September 23, 2004 rebroadcast council meeting 6:00 PM Sunday, September 26, 2004 rebroadcast council meeting 6:00 PM This schedule will continue throughout the year. We have changed the council rebroadcast day of Monday's at 9:00 PM to Sunday at 6:00 PM. This change will accommodate the broadcast of the "live" Planning and Zoning meetings. This schedule will be placed on the Comcast city presentation. Dixie Cawthorne Communications Manager City of Colleyville office:817.503.1120 fax: 817.503.1129 1