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.