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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/26/2009 (2)City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni ~nlla-niillA ~nrr~ ~~,,~~, ",. , c;.:, i,~ t.~.<~~ Meeting Agenda Monday, January 26, 2009 6:15 PM City Council Chambers Planning and Zoning Commission City Hall City of Colleyville 100 Main Street ~n ; , Colleyville, Texas 76034 ~,~ ~- ~+~`%~~ ~'- 817. 503.1000 Meeting Agenda www.colleyville.com ~,,,. Planning and Zoning Commission Monday, January 26, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ANNUAL MASTER PLAN UPDATE 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Rotthaus 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES January 12, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of amendments to Chapter 9-Subdivision Design and Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code regarding sidewalk regulations and design standard updates, Case G-09-005 8. ADJOURNMENT I here y certify the bove agenda was posted on the bulletin boards at City Hall on Thursday, January 22, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 7i2zlzuuy City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 'AIIA/IA/ r.~lh~niillr+ .~. /+wf L.,1k~. iip I :~~~~~ ~~,~,i, Minutes -Draft Monday, January 12, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ",;~~, City of Colleyville Minutes -Draft ~s..., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 12, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 12, 2009 at 7:07 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the December 8, 2008 meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly City of Colleyville Page 1 Printed on 1/14/2009 Planning and Zoning Commission Minutes -Draft January 12, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 Justin Bass presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff regarding if sidewalks would be required to run on both sides of the new street? Ron Ruthven replied they would be required on both sides of the street. Commissioner Phelps stated to staff that the plat does not show room for the sidewalks. Ron Ruthven stated the sidewalks would be placed in the right of ways between the pavement edge of the new street. Commissioner Knox moved to approve case PC08-001. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case PC08-002 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the alignment of the entrance with regards to the entrance across the street, would those entrances need to be aligned with each other or off set from each other? Ron Ruthven replied the entrance with the businesses across the street will take precedence witht he alignment of the proposed entrance. He stated the fire code will take precedence with the alignment of this entrance and the current configuration does meet city code. Commissioner Byerly opened the public hearing at 7:14 p.m. Roger Hart, applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. City of Colleyville Page 2 Printed on 1/14/2009 Planning and Zoning Commission Minutes -Draft January 12, 2009 Commissioner Redfearn moved to approve case PC08-002. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly gb Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding Section D, a, could stone be used? Ron Ruthven replied stone would fall under masonry. He stated the Land Development Code gives the Building Official the ability to make good design standards to keep the aesthetics with the neighborhood. Commissioner Clardy questioned staff regarding if there is a general parameter with the gate setback? Ron Ruthven replied staff did not propose a specific distance from the property line, given some of the roads have varied right of ways and there are also instances with large rights of ways with small pavement widths. He stated this would be taken by on a case by case basis with the Building Official's approval. Discussion occurred between the Commissioners and staff with regards to the proper language to be used for the perimeter subdivision fence standards. Commissioner Byerly moved to approve case G-09-003 with the following corrections: 1) Section 3.26, D, 1, place a period after "faces" and delete everything after that; 2) Make the gate setback Section C; 3) Make old section C, into Section D and add in lots containing a minimum of 40,000 square feet and subdivisions shall be allowed to construct a perimeter subdivision fence within the front yard setback 4) Said fencing shall be no greater than 8 feet in height and shall have no greater than 25%solid construction. Commissioner Clardy seconded. Staff assured the Commissioners that they would get clarification from the City Attorney's office regarding the language for the ordinance to be presented to City Council. City of Colleyville Page 3 Printed on 1/14/Z0o9 Planning and Zoning Commission Minutes -Draft January 12, 2009 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly Commissioner Phelps questioned staff for clarity regarding if anything under the 40,000 square foot requirement would still have to go to the Zoning Board of Adjustment for approval? Ron Ruthven replied yes. 8c Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff if HOA's will have any particular clause in their requirements? Ron Ruthven replied some will have deed restrictions, however, he does not know of any in Colleyville since there has not been an application made for one. Commissioner Dudziak questioned staff regarding if fencing is required around the wind driven generator to limit climbing access? Ron Ruthven replied there is no requirement at this time. Commissioner Dudziak questioned staff if regulations will be in place to limit access to the structure, for instance, if there is a ladder built on or into the device for maintenance? Ron Ruthven replied there are none with regards to this, however, the Commission can add those restrictions for a perimeter fence. He stated, typically, there may be a fence on the yard where a structure would be located. Commissioner Dudziak questioned staff regarding if there are requirements for the wiring of the structure, underground or will it hang from the structure? Ron Ruthven replied they will have to meet the electric code requirements in the building code. He stated those would be required for safe wiring standards. He stated the Commission can require underground wiring, conduit. Commissioner Dudziak stated he would like to see a minimum acreage, size. He stated he would like to see 1.25 acres. He stated there should be requirements regarding the measurement of the tower height, floor level, ground level, some type to find where the 50 foot would start. He stated he would like to see a prohibition with regards to adding the structure to a house or to a roof top. Ron Ruthven stated the structure should be independent from the main structure, or attached to any structure. Commissioner Dudziak concurred. City of Colleyville Page 4 Printed on 1/14/2009 Planning and Zoning Commission Minutes -Draft January 12, 2009 Commissioner Byerly opened the public hearing at 8:03 p.m. for this item and the previous item. There being no one wishing to speak, the public hearing was closed at 8:03 p.m for this item and the previous item. Commissioner Dudziak moved to approve case G-09-004 with all aforementioned guidelines: 1) Minimum lot size of 1.5 acres 2) Wiring should be undergound conduit 3) Tower shall be independent of the home and/or any structure 4) Tower must either: (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at lease 6 feet high 5)Tower height shall be measured at 50 feet from existing ground level to the highest point of the tower. Commissioner Phelps seconded. Commissioner Phelps questioned staff regarding the typical, 50 foot structure, what percentage of the 50 feet will be the top blade to the bottom blade distance to from the ground? Ron Ruthven stated the structures come in all shapes and sizes. Commissioner Phelps stated wanting some guidelines for the blade with regards to the distance to the ground. He stated not wanting the blade to get close to the ground for the safety of the neighbors. Ron Ruthven stated if a Special Use Permit is submitted for one, the Commission can look at each one on a case by case basis. Commissioner Clardy questioned staff regarding if periodic inspections are routinely completed? Justin Bass replied not having seen any inspection guidelines. He stated the companies that construct the structure are the ones that usually do the periodic inspections. Commissioner Byerly questioned staff regarding if any other ordinances have minimum lot sizes in other cities; he thought to make them efficient enough to have, an acre would be required? Justin Bass replied that the companies that install the structures come and inspect the properties to make sure the location of the tower is in place to be most efficient for the use of the tower. Ron Ruthven stated Grand Prairie has a minimum requirement of two acres. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 9. ADJOURNMENT The meeting adourned at 8:15 p.m. City of Colleyville Page 5 Printed on 1/14/2009 Planning and Zoning Commission Minutes -Draft January 12, 2009 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 8, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 1/14/2009 ~~~ ,~~ ,.._ ~ ^ City ~f V~~~eyV~~~e City Hall 100 Main Street Colleyville, Texas 76034 '~ ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/26/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of amendments to Chapter 9-Subdivision Design and Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code regarding sidewalk regulations and design standard updates, Case G-09-005 Attachments: Proposed Amendments to Chapter 14 LDC Proposed Amendments to Chapter 9 LDC 2008 Supplemental Sidewalk System Map Proposed Sidewalk Escrow District Map Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/26/2009 Planning and Zoning Commission Title Approval of amendments to Chapter 9-Subdivision Design and Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code regarding sidewalk regulations and design standard updates, Case G-09-005 Explanation This item contains proposed amendments to Chapter 9-Subdivision Design and Public Facilities regarding sidewalk construction and escrow, and to Chapter 14-Engineering Design Standards regarding cul-de-sac width along with minor fire code amendments. Amendments to Chapter 9-Subdivision Design and Public Facilities Upon the recommendation of the Sidewalks and Trails Committee, the City Council approved the Supplemental Sidewalk System Map, attached to this briefing, on November 18, 2009. This map serves as the policy tool for the City in determining which streets should have new sidewalks built or escrowed upon new construction. In order to match the sidewalk requirements in the Land Development Code to the new Supplemental Sidewalk System Map, the proposed amendment below is recommended. Section 9.19: "General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed #e~-sash-let prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map or' (2) are required as part of a Planned Unit Development or Special use Permifi or (3) front on a new street dedicated in conjunction with a City of Colleyville Page 1 Printed on 1/23/2009 Agenda Briefing Continued subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code." Another component of this amendment involves removing the consideration of any variance requests to new construction from the City Council and, in turn, giving sole variance authority to the Planning and Zoning Commission, which, given the Commission's function in reviewing new development proposals for the City, has the knowledge and expertise to consider sidewalk variances. Another purpose of this recommendation is to remove variance requests, in general, from City Council consideration where possible and, instead, allow a subordinate board, committee or commission to consider variance requests. This allows the City Council to devote more attention to larger policy issues as well as the general business of running the City. Given the adoption of the Supplemental Sidewalk System Map, a coordinated policy is now in place to assist the Planning and Zoning Commission in considering a variance request. Although the Planning and Zoning Commission's purpose is as an advisory committee to the City Council, the Commission currently has the authority to issue waivers to Chapter 5-Tree Preservation in the Land Development Code and final authority to approve minor plats. The final proposed amendment to Chapter 9 involves adding a sidewalk escrow policy. Chapter 9 currently allows escrows) in lieu of construction for any required infrastructure included in a new development. The new proposed policy explains the process for paying into escrow for new sidewalk construction and allows escrow funds to be spent within a defined neighborhood district, instead of along the specific property for which the escrow was paid. The major tenets of the proposed policy are as follows: - Anyone may request to escrow funds in lieu of construction for a new sidewalk to the Public Works Director or the Community Development Director. - The Directors would make the determination that the escrow is allowed, not required, or rejected based on the recommendation of the Supplemental Sidewalk System Map. - Anyone wishing to appeal the decision of the Director(s) would have ten days to submit a written request in order to have their appeal heard by the Planning and Zoning Commission. - Existing sidewalk escrows already accounted for and new escrows paid in lieu of sidewalk construction would be allowed to be spent for new sidewalk construction by the City in six (6) specified neighborhood districts. These proposed districts are attached and follow the same boundaries as the six neighborhoods identified in the 2004 - 2025 Colleyville Plan. Therefore, if a new home paid a sidewalk escrow in lieu of construction, that escrow amount could be spent on the construction of a sidewalk in front of another property as long as it is located within the same neighborhood district. The district boundaries were chosen City of Colleyville Page 2 Printed on 1/23/2009 Agenda Briefing Continued because they ensure that any new sidewalks constructed with escrow monies collected under this policy would be located within reasonable proximity of the specific property for which the escrow funds were collected. Additionally, the neighborhood boundaries identified in the Colleyville Plan do not subdivide any homeowner's association boundaries thereby keeping the district boundaries consistent with established neighborhood boundaries. Amendments to Chapter 14-Engineering Design Standards The purpose of these amendments involve removing discrepancies regarding cul-de-sac width requirements and updating certain fire code requirements found in the Land Development Code in order to match the International Fire Code. Chapter 9-Subdivision Design & Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code both address cul-de-sac widths regarding new residential developments. However, Chapter 9 states that the actual pavement of a cul-de-sac width shall be 80 feet in diameter while Chapter 14 requires a pavement width of 100 feet in diameter. The national standard for residential cul-de-sac pavement width is generally 80 feet. The Fire Marshal agrees with the 80 foot requirement. Therefore, staff recommends the Code be amended to remove this discrepancy. 100 foot pavement widths may still be required if there are landscaped islands in the middle of the cul-de-sac. Finally, at the request of the Fire Marshal, staff recommends minor amendments to Chapter 14 language regarding the International Fire Code (IFC) to reflect the current code adopted by the City (to prevent an amendment upon each new adoption). The proposed Chapter 14 amendments are attached to the briefing. Recommendation Approval City of Colleyville Page 3 Printed on 1/23/2009 Proposed Amendments to Chapter 14 Engineering Design Standards A. Plan Approval -Plans for fire lanes shall be submitted to the Fire Marshal Division for review and approval prior to construction. Repainting of existing markings does not require plan review unless changes are to be made. B. Obstructions Prohibited -Fire lanes shall be kept clear and unobstructed at all times. Marking shall be repainted as necessary to maintain readability. C. Sianage -Where required by the Fire Marshal, approved signs or other approved notices shall be provided and maintained to identify fire lanes and prohibit obstructions. D. Where Required -Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. E. Certain Roadways Not Considered Access -Heavily traveled public roadways are not considered for fire apparatus access due to the dangers involved with operating fire apparatus in close proximity to moving traffic. F. Access to Serve All Buildings -Fire lanes shall be provided to serve all buildings through parking areas to service entrances, loading areas, trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. G. Driveways Included -Fire lanes shall include driveways leading onto a public street. H. Fire Lane Width -Fire lanes shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 14 feet. I. Turning Radius -Fire lanes shall have a minimum inside turning radius of thirty (30) feet and a minimum outside turning radius of fifty (50) feet. J. All-weather Surface Required -Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an asphalt or concrete surface so as to provide all-weather driving capabilities. K. Construction Specifications -Fire lanes shall be constructed of seven (7) inch concrete with #3 rebar on eighteen (18) inch centers on chairs over a modified subgrade as per the Geotechnical Soils Report; or seven (7) inch asphalt over a modified subgrade as per the Geotechnical Soils Report. The construction shall be capable of supporting a minimum of 6-900 75.000 pounds gross vehicle weight. L. Maximum Dead-end Length -Dead end fire lanes in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Dead end fire lanes more than 150 feet in length but less than 700 feet in length shall provide one of the following turn- around configurations. Dead end fire lanes in excess of 700 feet in length shall be submitted to the Fire Marshal for review and approval. Page 2 of 2 r~- 100'-- R ems, .~ 30' R ~ TYP . .*- 30' r TYP. 24' -M^ ~- --- 4- 24' 100' DIAMETER CU L-DE-SAC CQNIMERGIAL ~~ I ~~ 3UR~ 24' TYP. ~~' 120' HAMMERHEAD -F ~ 0' -- ~_ 30' R TYP. 24' -- ^~ SO' DIAMETER CUL-DE-SAC RESIC1Eh+ITIAL ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 30' R TYP. 7 ' * ~ -_i .~-~o' -- - 24'J -~. ~ 24' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD Note• In residential subdivisions where a proposed cul-de-sac will include an obstruction within its center such as a planter or other impassable object, the pavement width shall measure a minimum of 100 feet. M. Fire Lane Striping -Fire lanes shall be marked with a six (6) inch wide continuous bright red stripe on both sides. Striping shall be on the curb face where curbing is located at the edge of fire lanes. White 4 inch high lettering with a one (1) inch stroke centered on red stripe shall read: NO PARKING -FIRE LANE. This lettering shall be painted every (15) feet measured from the end of one lettering group to the beginning of the next group with a one (1) foot space between "No Parking" and "Fire Lane". Red paint shall not be used for any parking lot marking other than fire lanes. Fire lane markings are subject to the field inspection of the Fire Marshal. Deletions are depicted as ~t~iket#~et~~# Additions are Depicted as Underline Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities Section.9.12 General Infrastructure Policy , ~ A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policy for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit, the property owner may petition the City for deposit of an escrowed amount, as established in this Section in lieu of the required construction of a sidewalk. The Director of Public Works or the Page 2 of 3 Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied then the applicant may appeal that denial to the Planning and Zoning Commission if a written reauest for appeal is received by the Director of Publlc Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the Citv. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, heirs successors and assigns and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist then current market value of the design and construction of a sidewalk In the Clty, to be determined by the Director of Public Works The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit such funds shall be returned to the orlglnal party that paid the escrow fees with accrued interest subject to the Ilmltatlons In Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of reauired improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the Publlc improvements In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority the difference between the owner's actual proportionate cost and the escrow funds including accrued interest if any shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the re uirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zoning Commission is final. Deletions are depicted as ~tfi~# Additions are Depicted as Underline Page 3 of 3 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Colleyville Plan The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction as of the effective date of this Ordinance are subject to expenditure under this Ordinance unless the original party that escrowed the funds files a written objection with the Director of Community Development within thirty (30) days after notice of this Ordinance is mailed to the original party Notice of this Ordinance shall be sent to all original parties who have paid and escrow fee in lieu of sidewalk construction. This Ordinance shall apply to all funds escrowed in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City The developer shall be required to escrow these funds in the amount of $ which includes contingencies engineering and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. .- A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed fer east-lat prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map or' (2) are required as part of a Planned Unit Development or Special use Permit or (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails System Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within agreen-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Deletions are depicted as ~tfiketk-ret~ Additions are Depicted as Underline -_- -- I _ - -,~-----~-P-- M • ~ ~~ ~ ~ ~,,, ~~ -'~ U ~ ~~~,~© ~_ ~ ~ a t;, 1 ~.. 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U r -ter>~ ~~-~;.~. ,_ s_ ~Pb auto }~u~~2~d ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 9, SUBDIVISION DESIGN & PUBLIC FACILITIES, SECTIONS 9-12 AND 9-19 AND CHAPTER 14, ENGINEERING DESIGN STANDARDS, SECTION 14-137, OF THE LAND 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 Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding sidewalk escrow and construction requirements, and cul-de-sac width requirements; 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 9-12 and 9-19, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 14, Engineering Design Standards, Section 14-137, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. 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 exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT 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 as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. 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. 6. THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policy for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit, the property owner may petition the City for deposit of an escrowed amount, as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written request for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, heirs, successors, and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shalt be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City, the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zoning Commission is final. 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Colleyville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction as of the effective date of this Ordinance are subject to expenditure under this Ordinance unless the original party that escrowed the funds files a written objection with the Director of Community Development within thirty (30) days after notice of this Ordinance is mailed to the original party. Notice of this Ordinance shall be sent to all original parties who have paid and escrow fee in lieu of sidewalk construction. This Ordinance shall apply to all funds escrowed in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. • • A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails System Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within agreen-belt or similar open space, the developer shall provide sufficient right-of--way or public access easement to accommodate the sidewalk. Exhibit "B" A. Plan Approval -Plans for fire lanes shall be submitted to the Fire Marshal Division for review and approval prior to construction. Repainting of existing markings does not require plan review unless changes are to be made. B. Obstructions Prohibited -Fire lanes shall be kept clear and unobstructed at all times. Marking shall be repainted as necessary to maintain readability. C. Signage -Where required by the Fire Marshal, approved signs or other approved notices shall be provided and maintained to identify fire lanes and prohibit obstructions. D. Where Required -Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. E. Certain Roadways Not Considered Access -Heavily traveled public roadways are not considered for fire apparatus access due to the dangers involved with operating fire apparatus in close proximity to moving traffic. F. Access to Serve All Buildings -Fire lanes shall be provided to serve all buildings through parking areas to service entrances, loading areas, trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. G. Driveways Included -Fire lanes shall include driveways leading onto a public street. H. Fire Lane Width -Fire lanes shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 14 feet. I. Turning Radius -Fire lanes shall have a minimum inside turning radius of thirty (30) feet and a minimum outside turning radius of fifty (50) feet. J. All-weather Surface Required -Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an asphalt or concrete surface so as to provide all- weatherdriving capabilities. K. Construction Specifications -Fire lanes shall be constructed of seven (7) inch concrete with #3 rebar on eighteen (18) inch centers on chairs over a modified subgrade as per the Geotechnical Soils Report; or seven (7) inch asphalt over a modified subgrade as per the Geotechnical Soils Report. The construction shall be capable of supporting a minimum of 75,000 pounds gross vehicle weight. L. Maximum Dead-end Length -Dead end fire lanes in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Dead end fire lanes more than 150 feet in length but less than 700 feet in length shall provide one of the following turn-around configurations. Dead end fire lanes in excess of 700 feet in length shall be submitted to the Fire Marshal for review and approval. r~ 100'--~ 24' -- ~-- 100' DIAMETER CU L-DE-SAC CaMMERCIAL X~, a 30' R ~ ~r ~ ~ 30' R TYP. --- ~ 24' rF 8 0' -- ,~ 30' R TYP. 24' ---- 4-- ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 80' DIAMETER CUL-DE-SAC RESIQENTIAL ~~ I ~~ - 30 R ~ 24' TYP. 24' 30' R - TYP. +} * ~ 24'~ 120' HAMMERHEAD ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD Note: In residential subdivisions where a proposed cul-de-sac will include an obstruction within its center, such as a planter or other impassable object, the pavement width shall measure a minimum of 100 feet. M. Fire Lane Striping -Fire lanes shall be marked with a six (6) inch wide continuous bright red stripe on both sides. Striping shall be on the curb face where curbing is located at the edge of fire lanes. White 4 inch high lettering with a one (1) inch stroke centered on red stripe shall read: NO PARKING -FIRE LANE. This lettering shall be painted every (15) feet measured from the end of one lettering group to the beginning of the next group with a one (1) foot space between "No Parking" and "Fire Lane". Red paint shall not be used for any parking lot marking other than fire lanes. Fire lane markings are subject to the field inspection of the Fire Marshal.