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HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2015)-08/15/2017 ORDINANCE 0-17-2015 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 9 - SUBDIVISION DESIGN & PUBLIC FACILITIES AND CHAPTER 14 - ENGINEERING DESIGN STANDARDS OF THE LAND j DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Section 9.17 Street Design Criteria, Proposed Section 9.18 Easements, Proposed Section 9.19 Private Utilities, and Section 14-175 Miscellaneous of the Land Development Code to require that newly installed utilities be underground; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 9 - Subdivision Design & Public Facilities, Sections 9.17, 9.18, and 9.19 and Chapter 14 - Engineering Design Standards, Section 14-175 of the Land Development Code, are hereby amended to read as depicted in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as , provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to j exceed the sum of Two Thousand Dollars ($2,000.00) for each ' offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance 0-17-2015 Page 2 of 2 ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 11th day of July 2017. The second reading and public hearing being conducted on the 18th day of July 2017 and tabled to August 15, 2017 PASSED AND APPROVED BY A VOTE OF (j2 AYES, 0 NAYS, AND O ABSTENTIONS ON THIS THE 15TH DAY OF AUGUST 2017. Mayor Richard Newton ale-1 Mayor Pro Tern Bobby Lindamood ahle Place 1, Tammy Nakamura Cv Place 5, Nancy Coplen Place 3, Kathy Wheat ( Place 6, Mike Taylor ccr.- Place 4, George Dodson Cd 0 ATTEST: (5.1-TY OF COLLEYVILLE 41. Amy :helley, ' MC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney Exhibit "A" Add letter 'D' to this section D. Alleys - Alleys shall be provided in commercial and industrial districts and at the rear of multifamily residential building sites for adequate circulation. Where approved by the Fire Marshal, an emergency access easement not less than twenty-four feet (24') in width shall be provided for emergency vehicle access in lieu of any alley. Alleys should intersect streets at right angles or radially to curved streets where sharp changes in alignment cannot be avoided. Property line corners shall be cut off fifteen feet (15') on each side to permit safe vehicular movement. Dead-end alleys shall be prohibited except where prior development of land adjoining the subdivision permits no other reasonable design; under such circumstances alleys shall be provided with turnaround or back-around facilities at the dead-end adequate to permit clear maneuvering of sanitation trucks, utility service vehicles and emergency vehicles. Alleys shall be not less than the following widths: 1. Twenty feet (20') where residential building sites are provided on both sides; 2. Twenty-two feet (22') wherever residential development abuts commercial or industrial areas; 3. Twenty-four feet (24') where commercial or industrial development abuts on both sides. Create this section for existin re ulations ertainin to easements A. Easements - Easements for drainage and utility construction, service, and maintenance shall be provided in locations approved by the City and affected utilities according to the following standards: 1. Easement for the use of public utilities of not less than seven and one- half (7.5') feet in width shall be provided on each lot and extend along the entire length of the rear property line. Easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of-way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. 2. For lots of more than two hundred (200) feet deep, the utility easement shall be not less than sixteen (16) feet wide. 3. The width of any drainage easement shall be determined by the Director of Public Works or designee or in accordance with the need for drainage improvements established by any drainage study. 4. All utility easements shall be dedicated as utility and/or drainage easements. 5. When an easement is granted for public purposes as a separate instrument, the following statement of restrictions shall be placed in dedication instrument: Utility Easements Any public utility, including the City of Colleyville, shall have the right to move and keep moved all or part of any building, fences, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Colleyville, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. B. Easements Adjacent to State Highways - When a proposed water or sewer line or drainage facility will be placed adjacent to a public road maintained by the Texas Department of Transportation, a separate specific use easement shall be provided for each utility or drainage facility. C. Emergency Access Easements - Emergency access easements shall have a clear unobstructed width to accommodate a pavement section of not less than twenty-four (24) feet in width. The emergency access easement shall connect at each end to a dedicated public street or shall have a suitable size turnaround at the dead-end, and appropriate turning space at inside corners to permit free movement of emergency vehicles. An emergency access easement may be used as a driveway to gain access to parking or loading spaces, but shall not be used for parking. All emergency access gates shall provide for an opening of not less than twenty four (24) feet wide by fourteen (14) feet in height and include a locking and opening mechanism acceptable to the Fire Department. (03-20-07/0-07-1613) D. Mutual Access Easements (0-02-1336/ 04-16-02) 1. Purpose - The purpose of this requirement is to provide public access to adjacent properties by reducing the number of driveway cuts and potential traffic accidents on adjacent streets. 2. Applicability - This Section shall be applicable to properties abutting and that may derive access from a Collector Street or Arterial Street as shown on the Master Thoroughfare Plan. 3. Requirement - The City shall require the dedication of a mutual access easement to provide cross access to adjacent properties or shared use of a driveway to conform with the minimum driveway standards contained in Chapter 14 of this Land Development Code. 4. Easement Dimensions - Easements for shared driveways shall be 16 feet in width and 35 feet in length, but may vary given the shape of the particular tract. Easements extending across the entire width of the property shall not be less than 24 feet in width. Create this section with ro osed new Ian ua e for under round utilities A. Newly Installed Utilities Required to be Underground (0-17-xxxx/xx-xx-17) 1. All newly installed gas, electric, telephone utilities, street lighting, cable television, and fiber lines shall be underground. 2. All electric, telephone, cable, and fiber utilities shall be placed in the rear easement. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. 3. All support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations shall be pad mounted or placed underground. Nothing in this section shall restrict or prohibit the placement, erection, or construction of street lighting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground. 4. All above ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right- of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. 5. Where existing overhead service or lateral/distribution utilities lines are located within the land proposed for development and the lines must be relocated to accommodate the development, the developer is responsible for relocation and placement of the lines underground. 6. All new service lines shall be placed underground. 7. Overhead services will not be permitted to cross public rights-of-way. All such crossings of a right-of-way will be required to be completed by methods as approved by the city. 8. Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or exception, provided that when the underground utility service to any portion of a subdivision is completed, prior to issuance of a certificate of occupancy, or at time of a final inspection, such overhead electric lines and facilities are promptly removed. Amend this section and refer to ro osed section for under round utilities B. Underground Utilities - All newly installed distribution lines, cables, etc. or other conduits for utilities other than those listed above shall be installed below ground within the subdivision and in accordance with the regulations found in Section 9.19 Private Utilities. Transmission Tines or major cables to provide utilities such as electric, telephone, and cable television to the area as a whole may be located above ground on the perimeter of the subdivision being served. The installation of these utilities shall conform to commonly accepted construction standards and be subject to review by the Director of Public Works.