HomeMy WebLinkAboutOrdinances (O-09-1712)-03/06/2009ORDINANCE 0-09-1712
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
9, SUBDIVISION DESIGN AND 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 and 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.
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Ordinance 0-09-1712
Page 2 of 2
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
y'~ 2009.
ATTEST•
f~
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
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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 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 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 before the effective
date of this Ordinance are subject to expenditure under this Ordinance unless a
written objection is filed, by the owner of the lot for which the funds are escrowed,
with the Director of Community Development within thirty (30) days after notice of
this Ordinance is received. Notice of this Ordinance shall be sent to the current
owner of the lot for which the funds are escrowed at the address listed in the
most recent tax rolls of the City. If the person receiving notice under this
subsection is not the current owner, then they must immediately notify the City of
the person who purchased the property and provide the City with the address of
that person.
If an objection is filed pursuant to the previous subsection, the Director of
Community Development shall decide, within thirty {30) days, if the
circumstances involving the particular lot and surrounding Sidewalk District
reasonably require a return of the escrowed funds. The owner of the lot may
appeal the decision of the Director of Community Development by filing a written
objection, explaining the owner's argument and requesting for a hearing before
the City Council, with the City Secretary not later than ten (10) days after the
Director of Community Development's decision. After hearing the lot owner's
objections, City Council may either refund the escrowed money or deny the
refund and order the funds to be used for future sidewalk construction on that lot
or in that sidewalk district.
iii. This Ordinance shall apply to any and ail funds paid into the sidewalk escrow
fund 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.
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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"
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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. Si na e -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
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.
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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.
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