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HomeMy WebLinkAboutOrdinances (Ordinance O-18-2057)-09/04/2018ORDINANCE 0-18-2057 AMENDING CHAPTER 6 - COMMERCIAL DESIGN STANDARDS, CHAPTER 8 - PLAT REVIEW PROCEDURES AND CHAPTER 9 - SUDBIVISION DESIGN & PUBLIC FACILITIES 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 of Colleyville desires to amend Chapter 6 - Commercial Design Standards, Chapter 8 - Plat Review Procedures and Chapter 9 - Subdivision Design & Public Facilities of the Land Development Code as part of a comprehensive review of the Land Development Code; 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 6 - Commercial Design Standards, Chapter 8 - Plat Review Procedures and Chapter 9 - Subdivision Design & Public Facilities of the Land Development Code are hereby amended to read as depicted in the attached Exhibits "A", "B" & "C". 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 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 as a whole or any portion thereof other than that portion Ordinance 0-18-2057 Page 2 of 2 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 215t day of August 2018. The second reading and public hearing being conducted on the 4th day of September 2018. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 4TH DAY OF SEPTEMBER 2018. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Aye Place 6, Callie Rigney Aye Place 4, George Dodson Ave ATTEST: l Christine Loven, TRMC City Secretary OF �COLL�EgY-NIECE Richard Newton Mayor APPROV S TO FORM AND LEGALITY: hitt L. Wyatt City Attorney Land Development Code City of Collewille Texas Chapter 6 Commercial Design Standards Section 6.1 Purpose of This Chapter The purpose of this Chapter is to establish rules and regulations for development of commercial and institutional properties and for the exterior design and exterior building materials of commercial and institutional buildings in all zoning districts. Section 6.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: Chapter 51 — General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 2. Chapter 211 — Municipal Zoning Authority of the Texas Local Government Code, which authorizes a municipality to divide a municipality into districts and, within each district, regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. I Section 6.3 Definitions Definitions applicable to this Chapter may be found in Chapter 2 — Definitions of this Land Development Code. Section 6.4 Building Design Standards 1. Applicability: For any new commercial and institutional buildings, or additions or alterations exceeding 50% of the building improvement value based on the current certified tax roll, the following standards apply. For institutional buildings, if no relevant appraisal data exists on the certified tax roll, the building improvement value shall be obtained through an independent third party appraiser, paid by the building permit applicant, and provided to the City. 2. Fagade Articulation - All commercial buildings shall have facades which comply with the following requirements: a. Horizontal Articulation — No building fapade visible from a public street or parking area shall extend horizontally greater than three (3) times the height of the wall without having an off -set of not less than fifteen (15%) percent of the wall's height as shown on the attached Exhibit "A", and such off -set shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. b. Vertical Articulation — No building Fagade visible from a public street or parking area shall extend horizontally for a distance greater than three (3) times the height of the wall unless the wall contains at least one of the following features and every front building Fagade shall have no less than two of the following features: Design Page 6 - 1 Land Development Code City of Collevville Texas (1) Parapets which change the roof line. The parapet height shall be a minimum of fifteen (15%) percent of the wall's height, and such height change shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. (2) Overhanging eaves, extending no less than three (3) feet past the supporting walls. (3) Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal run. (4) Three or more roof slope planes. (5) A covered walkway along a minimum of fifty (50%) percent of the front fagade length. 3. Side and Rear Facade Features — Side and rear building facades, which are not visible from a public street or parking area, shall include a minimum of three architectural changes, such as: (1) a changing plane not less than five (5) feet in width and eighteen (18) inches in depth, (2) a surface material change of not more than thirty (30) feet in length, as measured horizontally, or (3) a combination of these elements. Exhibit "A" Facade Articulation Exterior Surface Materials — A minimum of ninety (90%) percent of each exterior wall surfaces, excluding door and window openings, shall be constructed of clay -fired brick, native stone, cast stone, or a combination of these materials. Tilt - up concrete construction is permitted, provided the exterior surface is covered with clay -fired brick, native stone, cast stone, or a combination of these materials. Stucco and EIFS (Exterior Installation Finished System) are permitted for not more than ten (10%) percent of the exterior surface. Concrete block, split -faced block or cinder -block shall not be acceptable. Proposals for surface materials with similar durability and appearance of clay -fired brick, native stone, or cast stone may be considered. 2. Exterior Surface Colors — The exterior surfaces shall be of a natural finish, provided the colors are, subtle, or neutral colors. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited. Building elevations showing the proposed exterior wall color shall Chapter 6-Building Design Page 6 - 2 Land Development Code City of Collewille Texas be submitted with the site plan application at the time of new construction as provided for by this chapter. Any applicant for a building that does not meet the requirement of this section as determined by the Community Development Director may request a variance to the Director's interpretation per Section 6.8 below. a. For commercial and institutional buildings that exist as of the passage of this section, upon the repainting and/or alteration of any structure, the paint and material color shall comply with section 2 above. 3. Exposed Columns — Exposed structural support columns shall be constructed of, or clad in, the same material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. 1. Low Solid Wall: A solid wall constructed of clay -fired brick, native stone, cast stone, or a combination of these materials, not less than thirty (30) inches in height as shown on the attached Exhibit "B" shall be provided where parking is provided adjacent to a street right-of-way. Said wall shall be constructed generally parallel to and twenty (20) feet from the street right-of-way. 2. Delivery / Loading Spaces — All delivery and loading spaces shall be screened from public view from a street right-of-way or an adjacent residential property by an eight (8) foot to ten (10) foot tall solid screening wall constructed of like material to the building. Additional evergreen planting materials shall be provided so that no more than two-thirds of the surface area of the solid screening wall is visible from the street or residential property. The live (evergreen) plant screening shall consist of shrubs, a minimum of three (3) feet in height when planted, and which can be expected to reach six (6) feet or greater in height within three (3) years of planting. Shrubs shall be spaced so that there shall be no gap greater than four (4) feet between mature plant materials. No delivery or loading area shall be operated between the hours of 11:00 p.m. and 6:00 a.m. Parking of delivery vehicles shall not exceed 48 hours duration. 3. Outdoor Display Areas — Outside display of merchandise shall not be allowed unless allowed by a Special Use Permit (SUP) approved by the City Council, provided that it shall be limited to an area within eight (8) feet of the front wall of the primary building and further provided that emergency pedestrian access to the building is not blocked. When allowed by SUP, no merchandise shall be displayed between the hours of 11:00 p. m. and 6:00 a. m. For purpose of this regulation, the front wall shall be the front containment wall of the structure and not the front of an overhanging walkway cover. 4. Outside Storage and Sales Areas — There shall be no outside storage or outside sales areas of landscaping materials, plants or general merchandise, except for an outside display area, as provided in the above paragraph. For purpose of this regulation, nothing shall prohibit the sale or display of landscaping materials, plants or general merchandise located behind an enclosed solid screening wall constructed of like materials to the building, provided merchandise is not visible above the top of the screening wall. 5. Cart Storage — All shopping cart storage areas shall be contained within the primary building. Temporary shopping cart parking within parking areas shall be allowed, provided the temporary enclosures shall be ornate and appropriately designed and that the carts are removed to within the primary building on a frequent basis. Chapter 6-Building Design Page 6 - Land Development Code ON of Collewille Texas Masonry wall Solid Wall Exhibit "B" Section 6.7 Non -Residential Outdoor Lighting Requirements A. Purpose Efficient and effective outdoor night lighting benefits everyone and enhances the City's nighttime character. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare and light trespass that reduce residents' privacy. Excessive glare can be annoying or hazardous and may cause safety problems. There is a need for lighting requirements that recognize the benefits of efficient and effective outdoor lighting and provides clear guidelines for its installation so as to help maintain and complement the City's character and which strives to provide linkage between the built and natural environment and acknowledges and sustains the unique nature of the City's corporate -commercial, suburban and rural lifestyles. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the City. B. Objectives Outdoor lighting for nonresidential uses and multifamily uses has the following objectives: 1. It is intended to reduce the problems created by improperly designed and installed outdoor lighting in those areas zoned for nonresidential uses and multifamily uses; 2. It is intended to eliminate problems of glare and minimize light trespass by establishing regulations which limit the area that certain types of outdoor lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the city; 3. All lighting installed in nonresidential uses and multifamily uses should be designed with the idea of being a good neighbor, thereby eliminating or reducing unnecessary direct light from shining onto abutting properties or streets; 4. It is the declared purpose of this subdivision that nonconforming luminaries be eliminated and be required to conform to the regulations of this subdivision within a reasonable time. C. Apolicability New fixtures or additional lighting. This subdivision shall apply to all installations of new fixtures or additional lighting to any new or existing nonresidential or multifamily use or structure. 2. Nonconforming Lighting. Luminaries installed prior to the adoption of the ordinance from which this subdivision is derived shall immediately be re -aimed or shielded such that the fixture no longer creates a nuisance as defined in section 42-27. Shielding may be accomplished by louvers, baffles, visors, or shields placed on the luminaries, or any other method whereby the light therefrom does not constitute a nuisance as defined in section 42- 27 3. Exemptions: Chapter 6-Building Design Page 6 - 4 Land Development Code City of Collewille Texas (a) Street lighting installed by a governmental agency for public benefit on public rights -of - way; or (b) Public outdoor recreational sport fields and sport courts complex. D. Enforcement The enforcement of the rules and the provisions of this subdivision shall be by the Administrative Official, or his duly appointed representative. E. Measurement 1. Metering Equipment. Lighting levels shall be measured in footcandles with a direct -reading, portable light meter. 2. Method of footcandle measurement. The meter sensor shall be not more than six inches above ground level in a horizontal position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading. F. Prohibited Lighting The following lighting is prohibited. No owner or occupant of land shall permit any of the following conditions to exist: 1. An unshielded light source, including bare bulbs above 15 watts, except for temporary seasonal lighting; 2. The operation of searchlights, strobes, or pulsating lights; 3. The use of low pressure sodium bulbs as a light source; 4. The use of a partial cutoff light source; 5. The use of a drop lens; 6. Luminaires located within the compatibility buffer between dissimilar uses; 7. Any luminaire that produces a disability glare; 8. Any light or combination of lighting that creates a nuisance as defined in section 42-27; 9. Any lighting installed to illuminate an unimproved surface or private outdoor recreational activities that exceeds requirements set forth in this statute without an approved variance, as set forth in this statute. G. Height for light pole standards Maximum height for light pole standards shall be as follows: 1. In parking areas containing zero to 150 parking spaces, maximum height of lighting pole standards shall not exceed 25 feet. 2. In parking areas containing 151 or more parking spaces, maximum height of lighting pole standards shall not exceed 35 feet. H. Building mounted lighting All building mounted luminaires exceeding 15 watts shall be directed down with a full cutoff fixture. I. Floodlighting 1. Luminaires used for floodlighting shall not direct the luminance above the facade of the object being lighted. 6-Building Design Page 6 - 5 Land Development Code City of Collewille Texas 2. Spotlights and floodlights mounted overhead on poles or building walls and used for area lighting, including but not limited to residential areas, shall be installed so that the fixture is full cutoff as defined herein, with no light above 90 degree nadir. J. Building Entry Points At all building entry points average projected footcandle readings as determined by the point method photometrics shall not exceed a measurement of five footcandles. K. Canopy lighting All canopy lighting shall be fully recessed fixtures with full cutoff lens and shall not exceed 45 footcandles at any point under the canopy. L. Spacing 1. In parking areas containing zero to 150 parking spaces, minimum spacing of lighting pole standards shall be no less than two times the height of the standard. 2. In parking areas containing 151 or more parking spaces, minimum spacing of lighting pole standards shall be no less than four times the height of the light standard, a ratio of 4 to 1. M. Parking area lighting Parking area lighting shall not exceed a measurement of 15 footcandles at any point in the parking area. The average projected footcandle reading as determined by the point method photometrics shall not exceed two footcandles. N. Residential Adjacency Where properties with a residential use or zoning, other than Agricultural, are adjacent to a commercial site, the maximum lighting intensity shall not exceed 0.5 footcandles. O. Penalty 1. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine as provided in the Land Development Code. A separate offense shall be deemed committed of each day during or on which a violation or failure to comply occurs or continues to occur. 2. A footcandle reading, as performed in accordance with this section, in excess of those amounts defined as a nuisance in section 72-27, shall be prima facie evidence of a violation of this subdivision. P. Variance 1. A variance as to the height restriction may be permitted by the City Council for the replacement of luminaries installed prior to the adoption of the ordinance from which this subdivision is derived if such luminaires are damaged, destroyed, or otherwise become inoperable. 2. A variance is permissible for such replacement luminaries only in those situations where more than one luminaire existed prior to the adoption of the ordinance from which this subdivision is derived. The City Council may grant a variance, upon application by the property owner or his designee, if the City Council determines that the replacement of a damaged, destroyed, or otherwise inoperable luminaire with a luminaire conforming to the height requirement set forth in this subdivision would: (a) Create a nuisance as defined in section 72-27; or Chapter 6-Building Design Page 6 - 6 Land Development Code City of Colleyville Texas (b) Be aesthetically inconsistent with the remaining luminaires in determining whether a replacement luminaire would be aesthetically inconsistent, the City Council may consider the following factors: - The location of the replacement luminaire on the subject property; - The type of construction material of the replacement luminaire; - The location of the subject property; and - The outdoor lighting used on adjacent and surrounding property. 3. Notwithstanding these provisions, under no circumstances may the replacement luminaire exceed 35 feet in height. Q. Architectural lighting of buildings and structures For spotlights and floodlights mounted at or near ground level and used to light a building wall, sign, or other structure, the axis of illumination shall be adjusted to minimize the amount of light escaping above, below, and to the side of the illuminated object. R. Architectural lighting of landscaping Landscape lighting installed for nonresidential uses and multifamily uses shall be installed according to the following: 1. Any lighting that is to be placed in the canopy of a tree shall be directed in a downward position to simulate natural light received by the area. 2. The fixture shall be shielded so that all of the light is directed downward and shall not be directed toward the tree, to reduce light intrusion. 3. All proposed lighting that is to be placed in a tree shall be affixed to the trunk or branch through the use of an adjustable bracketing system that will allow for the continued growth of the tree. 4. The mounting height of landscape lighting shall not exceed 25 feet. 5. No lighting shall be bolted, nailed, or glued to the trunk or any appendages of the tree, and such unauthorized attachment will be treated as a violation of chapter 99, Vegetation, of the city's Code of Ordinances. Section"6.8 Variances; Architectural Review Commission, City Council A. A person may request a variance from a requirement contained in Chapter 6 — Commercial Design Standards by filing said request with the administrative official. A request for a variance shall be accompanied by a non-refundable application fee. A request for variance shall be referred for consideration to the Architectural Review Commission (ARC) for a recommendation to the City Council. The variance procedure shall proceed as follows: 1. Submit a variance application and pay applicable fee. No action shall be taken on any application submitted to the ARC until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Commission and City Council. 2. Not later than 30 days from date of the application, a quorum of the Architectural Review Commission (ARC) shall convene a meeting to review the variance request; 3. Public Hearing and Written Notification — No action to approve or deny any application shall be taken until the Commission has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within five hundred (500) feet of the property and all Home Owner's Associations (HOA's) lying within one thousand (1,000) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less Chapter 6-Building Design Page 6 - 7 Land Development Code City of Collewille Texas than fifteen (15) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office 4. Final Action by City Council — The recommendation by the ARC shall be forwarded to the City Council for final decision at the next available agenda for consideration by the City Council. Section 6� 6.9 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date I Subject 0-11-1818 12/13/2011 Amendments to design standards; addition of exterior material and color requirements; amendments to variance procedures and addition of architectural review committee Chapter 6-Building Design Page 6 - 8 Land Development Code City of Collevville, Texas Chapter 8 Plat Review Procedures 100 Purpose The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: A. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; B. encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in -fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; C. encourage appropriate protection to environmentally sensitive areas; D. ensure that public facilities and services are available; and E. establish procedures for the review and approval of subdivision plats. Section 8 — 105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 212 — Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51 — General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution and laws of the State of Texas. i Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 — General Provisions of this Land Development Code. DefinitionsSection B-115 Definitions applicable to this Chapter may be found in Chapter 2 — Definitions of this Land Development Code. Page _...1 Chapter 8 -Plat Review Procedures Page 8 - 1 Land Development Code City of Colleyville Texas Section1 Plat Approval It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to lay out a subdivision, to lay out a building lot, or to lay out a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. C. All plats and subdivisions shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8 — 125 Plat Required for Building Permit No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: A. Residential Structures -A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the expansion does not exceed twenty-five (25%) percent of the square footage of the existing structure and the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non -construction activities. B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non-residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non -construction activities. C. Platting Exemption for Certain Accessory Buildings - A building permit for an accessory structure may be issued on an un-platted lot in the Agricultural District. D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities have been installed and have been approved and accepted by the City or provision, acceptable to the City, Chapter 8 - Plat Review Procedures Page 8 - 2 Land Development Code City of Collevville Texas has been made by the developer for such public facilities. Section 8 —130 Approval Authority Over Subdivision Plats A. Approval of Plats Required —The approving body for all subdivision plats shall be in accordance with the following table: Approving Body Responsible for Approving Plats Classification of Plat Staff P&Z Council Combination Preliminary/Final Plat ... -----_ ............... .__._---_,.... no ... .-----... yes . ........ .... --- yes Preliminary Plats no yes yes Final Plats no yes yes — .............. .... _._�._----- Minor Plats i yes no ` no* Replat i no yes yes --------_.... ....---- -----j .__........... ........ ........... Amending Plats yes no no` ' The Planning and Zoning Commission and City Council shall have the authority to approve a Minor Plat and an Amending Plat which has not been approved by City Staff. B. Preliminary, Final or Combination Preliminary/Final Plat Approval by the Planning and Zoning Commission and City Council - The Planning and Zoning Commission shall approve or disapprove a Preliminary, Final or Combination Preliminary/Final Plat. In addition to the requirement of approval by the Planning and Zoning Commission, the City Council shall also be required to approve these plats. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. C. Replat Approval by the Planning and Zoning Commission and City Council - The Planning and Zoning Commission shall approve or disapprove a Replat. In addition to the requirement of approval by the Planning and Zoning Commission, the City Council shall also be required to approve replats. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. D. Minor Plat Approval by Staff — The Community Development Director shall be authorized to approve a Minor Plat, as defined by this Land Development Code provided said plat conforms to the requirements and specifications of this Land Development Code, without the additional approval of the Planning and Zoning Commission and City Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall approve or disapprove the request. In addition to the requirement of approval by the Planning and Zoning Commission, the City Council shall also be required to approve the request. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The Community Development Director may not disapprove a Minor Plat, but shall refer any Minor Plat which he/she refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. E. Amending Plat Approval by Staff — The Community Development Director shall be authorized to approve an Amending Plat as defined by the Local Government Code, provided said plat conforms to the requirements and specifications of this Land Development Code. If the application includes a request for a waiver from the subdivision requirements, the Planning and Zoning Commission shall approve or disapprove the request. In addition to the requirement of approval by the Planning and Zoning Commission, the City Council shall also be required to approve the request. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The Community Development Director may not disapprove an Amending Plat, Chapter 8 - Plat Review Procedures Page 8 - 3 Land Development Code City of Colleyville, Texas but shall refer any Amending Plat which he/she refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. A. Time Period for Taking Action — The approving body shall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the approving body fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty daytime period for action by the approving body, provided said request is submitted in writing. B. Additional Time Period for City Council Approval — Where City Council action is required or requested on a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30) days after the date the subdivision application was considered by the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the City Council, provided said request is submitted in writing. C. Certificate of Compliance — In cases where the City fails to act on a subdivision application within the thirty day time period, the Community Development Director, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. D. Authorization to Sign Plats — The approval of a plat by the approving body, shall constitute authority for the, Community Development Director or, the Chairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary, to execute said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant County. E. Modification of Conditions — Where the approving body finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. F. Completeness Determination — Every subdivision plat application shall be subject to a determination of completeness by the Administrative Official as provided for in this Section. 1. No later than the tenth business day from the date the application is received, the Administrative Official shall make a written determination that all documents required by the Land Development Code for a subdivision plat submittal have been received. 2. The applicant shall be provided written notice of any deficient documents no later than ten (10) business days from the date the application is received. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided herein. 3. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for fling, 4. A determination of completeness by the Administrative Official shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. G. Expiration of Application — If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processing, the application will be deemed to have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the applicable application fee. The City shall retain any fee paid for reviewing the original application for completeness. Chapter 8 - Plat Review Procedures Page 8 - 4 Land Development Code City of Collevville Texas H. Incompleteness as Grounds for Denial — No subdivision plat application shall be scheduled for action by an approving body unless it is determined that the application is complete and all required items, studies and documents have been submitted to and received by the City, unless the applicant has provided a written request for a waiver or modification of said requirement. An incomplete subdivision application shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of an application that has expired pursuant to this Section, or from the filing of a complete application that is subsequently denied. I. Official Plat Submittal Date —The date from which the statutory period requiring approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approving body. J. Development Review Committee — The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the City Council and Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights -of -way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. K. DRC Review — Copies of subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. L. Consistency with Master Plans — No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City. M. Compliance with Zoning — No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. N. Public Facilities — No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed public improvements and has determined that the public facilities will be adequate to support and service the area of the proposed subdivision. To expedite the review process, the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The Director of Public Works may require the applicant to submit sufficient information and data to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public facilities and services to be examined for adequacy shall include drainage facilities, roads, sewage, and water systems. Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: Master Thoroughfare Plan — All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2. Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Proposed water system improvements shall be consistent with the Master Water System Plan. 3. Wastewater Collection System -All lots shall be served by an approved means of wastewater collection Chapter 8 - Plat Review Procedures Page 8 - 5 Land Development Code City of Colteyville Texas and treatment. Proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4. Storm Water Management -The Director of Public Works may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. O. Records Maintenance — The Administrative Official responsible for subdivision review shall maintain record of each application submitted under this Chapter, and the action taken on the application. P. Dedication Offers — All streets, drainage ways, parks, and other rights -of -way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the approving body shall either deny the subdivision application or require the rearrangement of lots to include such land. 2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. Q. Nuisance Ordinances and Outstanding Liens — No subdivision plat shall be placed on the agenda for action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the property being subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be placed on the agenda for action by an approving body that has an outstanding delinquent lien payable to the City of Colleyville. R. Frontage on Public Access Required — Every lot shall have frontage on a public street right-of-way. Said frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. S. Plats Straddling or Adjacent to Municipal Boundaries — Where access to a proposed subdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the approving body shall require written approval from the adjacent city. Official City Map — The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights -of -way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and other emergency service providers. U. Enforcement of Chapter — In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Chapter 8 - Plat Review Procedures Page 8 - 6 Land Development Code City of Collevville Texas A. Preliminary Plat Classification — Submittal of a Preliminary Plat is the first of a two-step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter, does not qualify as a minor plat, and will be platted in more than one phase. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting process where the development will involve more than one phase of construction. B. Platting all Land in Common Ownership — The Preliminary Plat shall include all contiguous holdings of the owner, including land in 'common ownership' as defined in this Chapter, with an indication of the portion which is proposed for subdivision. C. Preliminary Plat Phasing —The Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further final platting of property. D. Effect of Approval — Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the Final Plat process as described in this Chapter. E. Expiration of Approval —Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. F. Re -submittal of Preliminary Plat — When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. G. Preliminary Plat Exhibits —The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Preliminary Plat Application —The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Preliminary Plat Drawing — The plat drawing shall contain the information listed in Section 8 - 180 Required Plat Information, where applicable. 3. Preliminary Drainage Information — The subdivider shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 4. Preliminary Utility Plan — The subdivider shall submit preliminary construction drawings which shall indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that no public utility improvements are necessary. The Chapter 8 - Plat Review Procedures Page 8 - 7 Land Development Code City of Collevville Texas size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 5. Preliminary Topographic/Grading Plan — The subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Tree Survey— Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 7. Nuisance Compliance Certification —The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. 8. Fees — The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. H. Grading Site Prior to Final Approval — Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. A. Final Plat Classification — Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat, was not submitted as a Combination Preliminary/Final Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. B. Final Plat Prerequisites — Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. C. Final Plat Exhibits — The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Final Plat Application — The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing — The plat drawing shall contain the information contained in Section 8 - 180 Required Plat Information of this Land Development Code. 3. Drainage Information — The subdivider shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 4. Construction Drawings — When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 — Engineering Design Chapter 8 - Plat Review Procedures Page 8 - 8 Land Development Code City of Coffeyville. Texas Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Preliminary Topographic/Grading Plan — The subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Tree Survey— Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. 7. Nuisance Compliance Certification —The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyvil le. 8. Fees — The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. A. Combination Preliminary/Final Plat Classification — Approval of a Combination Preliminary/Final Plat may occur when a plat is submitted that involves more than four lots and will include a new street but will not be phased but, instead, will be developed in a single phase. The purpose of the Combination Preliminary/Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision in a single application. B. Combination Preliminary/Final Plat Exhibits — The subdivider shall file an application for approval of a Combination Preliminary/Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Combination Preliminary/Final Plat Application — The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Plat Drawing — The plat drawing shall contain the information contained in Section 8 - 180 Required Plat Information of this Land Development Code. 3. Drainage Information — The subdivider shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 4. Construction Drawings — When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Combination Preliminary/Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Preliminary Topographic/Grading Plan — The subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Tree Survey— Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. Review Procedures Page 8 - 9 Land Development Code City of Collevville Texas 7. Nuisance Compliance Certification —The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. 8. Fees —The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. The fee for a Combination Preliminary/Final Plat shall be the same as the fee for a Final Plat. A. Minor Plats: A Minor Plat submittal shall be used when the property proposed for development is not platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. B. Minor Plat Exhibits — The subdivider shall file an application for approval of a Minor Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Minor Plat Application — The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Plat Drawing — The plat drawing shall contain the information contained in Section 8 — 180 Required Plat Information of this Land Development Code. 3. Drainage Information — The subdivider shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 4. Construction Drawings — When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Minor Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Preliminary Topographic/Grading Plan — The subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Tree Survey— Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 7. Nuisance Compliance Certification — The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. 8. Fees — The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 — 160 Replats A. Replats: A Replat submittal shall be used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion Chapter 8 - Plat Review Procedures Page 8 - 10 Land Development Code Cifv of Collevville Texas does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. B. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re -subdivision of an existing plat, without vacating the immediate previous plat: A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. 2. If any of the proposed area to be re -subdivided or re -platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: a. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. b. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots to be re -platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. 3. If the proposed replat requires a waiver of a requirement and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three -fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. C. Compliance with paragraphs (a) & (b) is not required for approval of a replat or a portion of a prior plat if the area to be re -platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. D. Replat Exhibits — The subdivider shall file an application for approval of a replat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Replat Application — The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Plat Drawing— The plat drawing shall contain the information contained in Section 8 - 180 Required Plat Information of this Land Development Code. 3. Drainage Information — The subdivider shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code. 4. Construction Drawings — When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Minor Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 — Engineering Chapter 8 - Plat Review Procedures - Page 8 11 Land Develooment Code City of Collewille Texas Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Preliminary Topographic/Grading Plan — The subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Tree Survey — Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. Nuisance Compliance Certification — The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. 7. Fees — The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 -165 Amending Plats iih A. Amending Plat Classification —The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. B. Amending Plat Procedures — The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a. Attempt to remove recorded covenants or restrictions; or Chapter 8 -Plat Review Procedures Page 8 - 12 Land Development Code City of Collewille Texas b. Increase the number of lots; or c. Remove or otherwise abandon any easement or right-of-way. 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. the owners of those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not create or require creation of anew street or make necessary the extension of municipal facilities. C. Amending Plat Exhibits —The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application — The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Amending Plat Drawing — The plat drawing plat contain the information contained in Section 8 - 165 Required Plat Information of this Land Development Code, where applicable. 3. Drainage Information — As determined by the Director of Public Works, the developer shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code 4. Construction Drawings — When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 — Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Preliminary Topographic/Grading Plan — As determined by the Director of Public Works, the subdivider shall submit a plan showing the existing topography of the property proposed for development in contours of not less than two (2) feet, together with any proposed grade elevations, if different from existing elevations. 6. Nuisance Compliance Certification —The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 7. Fees — The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. _.... Chapter 8 -Plat Review Procedures Page 8 - 13 Land Development Code City of Colleyville Texas Section1 Official A. Required Filing Documents — No subdivision plat shall be filed of record with the Tarrant County Clerk's Office unless the following are complete: 1. The plat has been drawn on mylar reproducible film or other permanent material, contains all required signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the Mayor, or City staff, as applicable; and 2. All applicable fees have been received. B. Construction Prior to Official Filing — No construction of public improvements shall be allowed and no permits for building construction shall be approved until the subdivision plat has been filed of record with the Tarrant County Clerk's Office. C. Maximum Approval Period — The approval of a subdivision plat shall expire one -hundred and eighty (180) days from the date of approval by the approving body, unless the subdivision plat has been filed of record with as provided in this Section. D. Re -approval Required — No subdivision plat shall be filed of record with the Tarrant County Clerk's Office where the approval time period has expired, unless the approving body has approved a re -submittal of the plat application and payment of plat application fee. A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed by this chapter. The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1. All plat drawings shall contain the following information where applicable: a. Owner/ Subdivider -The names and addresses of the subdivider and the current owner of record. b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat which shall contain the seal of a Texas Registered Professional Land Surveyor. c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. The plat drawing shall indicate whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d. Location Map - A location map showing the tract by reference to streets or highways. e. Date -The date the plat was prepared. f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. Chapter 8 - Plat Review Procedures Page 8 - 14 Land Development Code City of Colleyville Texas g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey, subdivision corner, or the Texas Coordinate System of 1983, North Central Zone. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. j. Street Rights -of -Way - The width of all public street rights -of -way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. k. Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set -back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. I. Building Set -back Lines - Front building set -back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set -back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set -back may be required by the City. Existing building set -back lines on adjacent properties shall be shown, where applicable. m. City Limit Lines - The general location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the plat and referenced per city maps, only. n. Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (75) feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width shall be required along lot lines or across large lots. In all cases, 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. o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an 'out - parcel' shall be numbered and designated on the plat with notation regarding any development restrictions. p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk's Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty- four (18" x 24") inches, with a binding margin of not less than one and one-half inches on the left side 8 - Plat Review Procedures Page 8 - 15 Land Development Code City of Collevville Texas of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. Plat Notes and Conditions -When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats — For Preliminary plats, the plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one -hundredth's of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features -The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood -prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. Certification Blocks — All plats shall contain the appropriate certification blocks which shall be similar to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this day of , 20_, to approve this Plat. Chairman, Planning and Zoning Commission and Zoning Commission Chapter 8 - Plat Review Procedures Page 8 - 16 Land Development Code City of Collewille Texas City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this day of Mayor, City of Colleyville Attest: City Secretary 20_, to approve of this Plat. Staff Approval Authority This amending or minor plat is approved in accordance with Section 212.0065 of the Texas Local Government Code and the City of Colleyville Subdivision Regulations Date Community Development Director Surveyor's Certification KNOW ALL MEN BY THESE PRESENTS: That I, a Registered Professional Land Surveyor licensed in the Stale of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. Signature Date (Affix Seal) Chapter 8 - Plat Review Procedures Page 8 - 17 Land Development Code City of Coffeyville Texas Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights - of -way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this day of , 20 Owners Name STATE OF TEXAS COUNTYOFTARRANT Before me, the undersigned Notary Public in and for said county and State on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 20_ Notary Public in and for Tarrant County (affix seal) My printed name commission No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. Chapter 8 - Plat Review Procedures Page 8 - 18 Land Development Code City of Colleyville Texas 2. The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3. The application must include written documentation signed by all public utility companies, including the City of Colleyville Public Works Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4. No notification of adjacent properties is required unless the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5. An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7. The application fee shall be set by separate ordinance approved by the City Council. Section 8 — 190 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject 0-00-1261 12/19/00 Incomplete Submittals / DRC Review 0-01-1280 08/08/01 Easement & right-of-way encroachments 0-06-1566 02/21/06 Comprehensive Chapter Revisions 0-14-1906 01/21/2014 Revisions to Approval Authority and Plat Classifications 0-17-2004 01/17/2017 Revisions to Approval Authority 0-18-2057 09/04/2018 Several amendments as part of a total LDC review 8 - Plat Review Procedures Page 8 - 19 Colleyville, Texas, Land Development Code Chapter 9 Subdivision Design & Public Facilities Rev. 0910412018 Section 9.1 Purpose of This Chapter The purpose of this Chapter is to establish design guidelines necessary for proper layout of a subdivision and to establish the public improvement requirements for the development of a subdivision, but more specifically to: 1. ensure that public facilities and services are available to all subdivisions in the City; and 2. establish reasonable standards of design for public facilities. Section 9.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the following authority: 1. Chapter 212 — Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. 2. Chapter 51—General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 9 3 , Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 — General Provisions of this Land Development Code. Section 9.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 — Definitions of this Land Development Code. Section 9.5 Subdivision Design Guidelines Every subdivision plat shall be reviewed for conformance with the design guidelines contained in this Land Development Code. The City recognizes that suitability characteristics vary from site to site and when approving a subdivision plat the following guidelines shall be used for interpretation, application and enforcement of the design guidelines contained in this Land Development Code: 1. It is the intention of these subdivision design guidelines to encourage new and creative ways to develop subdivisions. Developers and city officials are encouraged to utilize new and innovative ways to improve safety, economy, tax yield, maintenance cost, response time, drainage, vehicular access, and pedestrian passage. Chapter 9 — Subdivision Design & Public Facilities Page 9 -1 Colleyville, Texas, Land Development Code 2. Whenever a developer can demonstrate an alternative method of meeting the requirements of this Land Development Code, it shall be incumbent upon the city staff, the Planning and Zoning Commission, and the City Council to review the proposed variations and approve, approve with modifications, or disapprove the proposed alternatives as appropriate for the conditions. Section 9.6 Blocks A. General Design — Blocks should have sufficient depth to provide for two (2) tiers of lots of appropriate depths, except that blocks adjacent to major streets, railroads or waterways shall have only one tier of lots. B. Block Lengths & Widths — Residential and industrial blocks generally shall be no longer than sixteen hundred (1,600) feet and business blocks no longer than one thousand (1,000) feet. Where long blocks in the vicinity of a school, park or shopping center are proposed, the City Council may require a public walkway near the middle of long blocks or opposite a street that terminates between the streets at the ends of the block. Section 9.7 Lots A. Lot Arrangement — Lots shall be arranged to provide access to lots from approved streets and to avoid foreseeable difficulties due to topography and natural physical features inherent to the property. B. Lot Area and Dimensions — Lot area and dimensions shall be consistent with the minimum requirements of the applicable zoning district and the following: Special Lot Width Requirement- The width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width. In the case of lots on the turning circle of a cul-de-sac, the width may be less than eighty (80) percent of the required lot width. 2. The City may approve a plat which contains a lot that does not meet the minimum requirements when special conditions exist. C. Frontage on Public Access Required — All lots shall have frontage on a public street, except a non- residential lot may be approved when the proposed public access has been determined by City to be adequate to meet the intent of this requirement. The lot line common to the street right-of-way line shall be the front line; except that a lot may have more than one lot line common to a street right-of-way line. D. Access from Major Thoroughfares 1. Residential Lots - No residential lot shall front on or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, except where the proposed subdivision meets all the following criteria: a. Where the only street frontage which may be provided to the residential lot is from a collector street due to the shape, topography, or other physical condition of the property; b. The Director of Public Works or designee has provided favorable recommendation; and. c. Where the residential lot is designed and dimensioned to permit loop driveways or on -site turnaround facilities so that vehicles head into the collector street. 2. Non-residential Lots — Non-residential lots which have frontage onto or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, shall have driveway locations which comply with the spacing requirements established elsewhere in Chapter 14 — Engineering Design Standards of this Land Development Code. Chapter 9 - Subdivision Design & Public Facilities Page 9 - 2 Colleyville, Texas, Land Development Code E. Buildable Area — Every lot shall contain a buildable area that is adequate in size for the proposed development. The buildable area shall be situated out of the 100 year flood plain. F. Flag Lots Prohibited — It is the policy of the City to prohibit the creation of flag lots unnecessarily, and to discourage the creation of any lot which, by virtue of its relatively great depth in relation to its width, is likely to facilitate future requests for re -subdivision to create a flag lot. G. Building Lines — Front building lines shall be shown on all lots in the subdivision. Building lines shall be shown along each street -facing of corner lots and through -lots. The building line shall be consistent with the requirements of the applicable zoning district, however, the City may approve a building line which differs from the zoning requirements when special conditions exist. H. Side Lot Lines — Where possible, all side lot lines shall be at right angles to straight street lines and radial to curved street lines. I. Lot Drainage and Grading 1. Grading and drainage of all lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way. If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. (0-00-12611 t2-t9-oo) 2. Sheet flow techniques shall be used for lot to lot drainage where possible. (o-oo-test / t2-t9-oo) 3. Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur. (0-00-1261 /t2-t9-00) 4. For lots that an approved engineered grading plan does not exist, the developer of the site shall submit a grading plan prepared by a licensed Professional Engineer. Section 9.8 Waterbodies and Water Courses If a tract being subdivided contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the adjacent lots. The City may approve an alternate plan provided the ownership of and responsibility for maintenance of the water body is so placed that it will not become a City responsibility. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure, of design approved by the City. Any lot which includes a water body and contains a building site, shall contain a buildable area that is not less than the minimum buildable area for the applicable zoning district. Section 9.9 Street Names The developer shall submit all existing and proposed street names on any proposed subdivision plat. New street names shall be sufficiently different in sound and in spelling from other road names in the city so as to not cause confusion to the general public or for emergency response. A road which is, or planned, as a continuation of an existing road shall bear the same name. Section 9.10 Reserve Strips and Common Areas The creation of reserve strips shall not be permitted adjacent to a proposed street or to adjacent property in such a manner as to deny access from adjacent property to the street. No common areas shall be allowed in a subdivision except where notation has been placed on the plat to prohibit development on the common area. Chapter 9 — Subdivision Design & Public Facilities Page 9 - 3 Coffeyville, Texas, Land Development Code Section 9.11 Double Frontage Lots Double frontage lots shall be avoided except where necessary to provide separation of residential development from a collector street or to overcome specific disadvantages of topography and orientation. The City shall require that a notation be placed on the plat to limit the facing of main structures or to limit driveway access from a collector street or arterial street as shown on the Master Thoroughfare Plan. 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 via Letter of Credit or cash, an amount equal to the estimated cost of the improvements, as determined by the Director of Public Works or designee. The 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 Chapter 9 — Subdivision Design & Public Facilities Page 9 - 4 Colleyville, Texas, Land Development Code 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 designee shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement. If an escrow request is denied, then the applicant may appeal that denial to the City Council if a written request for appeal is received by the Director of Public Works or designee within ten (10) days of the denial. 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. Use of Escrow Funds Funds escrowed pursuant to this chapter shall be expended on design and construction of pedestrian sidewalks and trails located throughout the community and in keeping with the City's Master Plan. Section 9.13 Water System Requirements A. Water Lines — The developer of a subdivision shall be required to install, at no cost to the City, a water distribution system adequate for domestic supply and for fire protection needs which serves each lot. The water system shall be connected to the municipal water system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. B. Fire Hydrants — The developer of a subdivision shall be required to install, at no cost to the City, a sufficient number of fire hydrants to provide fire protection to every lot in the subdivision. All structures in residential areas shall have fire hydrants within 500 feet and a 600-foot hose -lay. All structures in commercial areas shall have fire hydrants within 300 feet and a 500-foot hose -lay. The design and construction of the fire hydrant system shall be in accordance with the city design standards and specifications contained in this Land Development Code. The layout of the fire hydrant coverage shall be approved by the Fire Marshal and be in accordance with the standards of the Texas State Board of Insurance requirements. (0-00-1261 i 12-19-00) Section 9.14 Sewage System Requirements A. Sewage Collection Lines — The developer of a subdivision shall be required to install, at no cost to the City, a sewage collection system adequate which shall serve each lot. The sewage collection system shall be connected to the municipal sewage system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. Chapter 9 — Subdivision Design & Public Facilities Page 9 - 5 Colleyville, Texas, Land Development Code B. Private Sewage Treatment Systems —Private sewage treatments systems, including septic tanks, shall be prohibited except where approved by the Director of Public Works or designee and the Tarrant County Health Department. Section 9.15 Storm Water Facility Requirements A. Drainage Improvement Requirements — The developer shall provide for the design of storm water management in the proposed subdivision and shall be required to furnish, install, construct, or extend, at his own expense, all storm sewers and drainage structure facilities necessary for the proper development of the subdivision. Storm water facilities shall conform to the storm water drainage master plan and shall be designed in accordance with the design standards and specifications contained in this Land Development Code. Alternate earthen channels may be approved when in accordance with the criteria established in Chapter 14 — Engineering Design Standards. B. Drainage Easements — All public drainage facilities shall be constructed within a public drainage easement or drainage right-of-way as required by the City. The following statement of restriction shall be placed in the dedication instrument of the subdivision plat: .. . .......... ------ ....------- ------ ---_ .....---- - ------ .........-- -.-........................ ..... ...____ - _ _......... ---- i Drainage Easement Restriction: No construction or filling, without the written approval of the City of Colleyville shall be allowed within a drainage easement, and then only after detailed engineering plans and studies show that no flooding will i result, that no obstruction to the natural flow of water will result, and subject to all owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two feet above the 100-year flood elevation. C. Development of Flood Plain — Land within the 100-year flood plain shall be subject to the Colleyville Flood Plain Ordinance. Any land which in the natural state is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re -subdivided, or developed until receipt of evidence that the construction of specific improvements proposed by the developer can be expected to yield a usable building site. Thereafter, the Planning and Zoning Commission and City Council may recommend approval of the plat. However, construction upon such land shall be prohibited until the specific improvements have been planned and construction completed. D. Floodway Easements 1. Floodway easements shall be provided along natural drainage -ways and lakes reservations. Floodway easements shall encompass all areas beneath the water surface elevation of the base flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the Director of Public Works or designee. 2. The following statement of restrictions shall be placed in the dedication instrument of the subdivision plat: - ......... --. ......... ....... _- ------------- .-....._.. Floodway Easement Restriction: No construction shall be allowed within a Floodway easement without the written approval of the City of Colleyville, and then only after detailed engineering plans and studies show that no flooding will result. ........ .... ............ ____.-.-............. ........-.___ ...- .......... _______ ................. ......_..-__._- __...... E. Off -Site Drainage — The following provisions shall be applicable to off -site drainage of new subdivisions: 1. The developer shall accept and be responsible for all runoff from properties upstream of the proposed development. The proposed improvements shall be designed for fully developed conditions. 2. Where a drainage study indicates that additional runoff from the developing property will overload downstream drainage facilities and result in hazardous conditions, the City may withhold approval of Chapter 9 — Subdivision Design & Public Facilities Page 9 - 6 Coffeyville, Texas, Land Development Code the development until appropriate provisions have been made. These provisions shall include any drainage design or construction plans necessary to accommodate the off -site drainage problem. [Section 9.16 Street Improvement Requirements A. General Requirement — The developer shall construct, at his expense, street facilities necessary for the proper development of the subdivision. The street system shall provide access to every lot in the subdivision and be designed and constructed in accordance with the criteria contained in this Land Development Code. B. Improvements to Existing Unimproved Streets and Utilities — This section is applicable to a proposed development situated adjacent to an existing street or municipal utility, which does not meet the standards contained in the Land Development Code. (0-06-1562102-07-06) 1. Improvements Required — If a proposed subdivision is situated adjacent to an existing street or municipal utility, which does not meet the standards contained in this Land Development Code, the developer shall bear the cost for constructing the infrastructure improvements required by this Land Development Code in accordance with the General Infrastructure Policy contained elsewhere in the Land Development Code. For the purpose of this regulation, the calculation used for estimating the reconstruction costs for an unimproved street shall include all street paving, curb and gutter, sidewalks, hike and bike trails, water and sewer utilities, and drainage improvements. The improvements shall be sized in accordance with the most recently approved Master Thoroughfare Plan or Capital Improvements Plan, which is applicable. 2. Escrow — The Administrative Official may recommend approval of a subdivision plat to the Approving Body conditioned upon the deposit in escrow, via Letter of Credit or cash, of the estimated costs of the adjacent unimproved street and utility improvements in -lieu of the actual construction of said facilities. Any escrow, without interest, shall be applied against any assessment for improvements levied on such property, but shall not be deemed to release such property from liability for any future costs assessed which exceed the escrow. 3. One and Two Lot Residential Subdivisions — If a proposed residential subdivision contains only one or two lots and the developer does not own any contiguous property, in lieu of actual construction, the developer shall pay the applicable perimeter street costs in accordance with the General Infrastructure Policy contained elsewhere in this Land Development Code for the initial one hundred feet of street frontage. The applicable perimeter street costs shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. Exemption: A lot platted under this Section that contains an existing single-family dwelling at the time a subdivision plat application is filed with the City and the lot is situated within a zoning district that allows single-family residential uses, said lot shall have an automatic exemption from the perimeter street costs, provided that existing perimeter street facilities are sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision and utility services are adequate to serve the development. The following notation shall be placed on the plat: 'Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent re -platting." Section 9.17 Street Design Criteria A. Street Functional Classification — All streets shall be designed in accordance with the functional classification shown on the most recent version of the Master Thoroughfare Plan and the following: Chapter 9 — Subdivision Design & Public Facilities Page 9 - 7 Colleyville, Texas, Land Development Code Functional Classification of Streets Street Classification Functions - Uses Carries traffic from residential and commercial areas to collector streets and Local I interconnects individual sites. Local streets carry light traffic volumes and trips are of a short duration. . ....____. ................. i..... ......--- --- ..................... --- ...__....__..----------....---------------........ ...... Collector Carries traffic from local streets to arterial streets. Uses served would include medium i and high density residential, limited commercial facilities, elementary schools, some Major small offices and as direct access within industrial parks. Collector streets also carry Minor heavy traffic to major commercial and industrial facilities from arterial streets. Uses would include office parks, industrial parks, and community level commercial facilities. -------- ......... ..._..... ------ -------- .----... .....--- Arterial The main function of an arterial is to carry traffic from on urban area to another The Major arterial streets serve the major activity centers of urbanized areas. An arterial street is used for longer urban trips and carries a high portion of the total traffic with a minimum Minor of mileage. B. Street Design 1. In -General — Streets shall be designed with due regard to topography, with due consideration of the abutting uses, and the anticipated destination of traffic and traffic volumes at full development of the neighborhood. Where necessary to prevent traffic congestion and to ease the movement of vehicles to and from principal traffic generators, additional right-of-way width or other special design shall be provided. Where topographical conditions make other treatment necessary to secure the best overall design, these standards may be modified by the Director of Public Works or designee.. 2. Street Continuity— The street layout shall provide for the continuation of the collector street system as shown on the Master Thoroughfare Plan. Streets shall provide connection to streets in adjacent subdivisions, but local streets shall be designed so as to discourage use by through traffic and to require the minimum number of streets necessary for convenient and safe access to property. 3. Curvilinear Streets Encouraged -The developer is encouraged to consider curvilinear, cul-de-sac, and loop street designs where such use would result in a more functional layout and not necessarily adhere to a rigid rectangular street pattern. 4. Right-of-way Widths — Every subdivision plat shall dedicate sufficient right-of-way to comply with the requirements of the Master Thoroughfare Plan. The right-of-way widths shall be designed for the intended use and anticipated traffic volume at optimum development of the area served. Additional right-of-way may be required at street intersections and to provide for left and right turn lanes at high - volume intersections. 5. Cul-de-sac Lengths — No street shall be designed as a permanent dead-end street, but shall be designed to incorporate a cul-de-sac which complies with this Section. (0-00-1261 / 12-19-00) a. Diameter— A cul-de-sac street shall be provided at the closed end with a minimum property line right-of-way diameter of one hundred feet, and a pavement turn -around with a minimum outside diameter of eighty feet (80'). (0-00-1261 r 12-19-00) b. Length — No cul-de-sac street shall exceed six hundred feet (600') in length, unless additional right- of-way width and additional pavement width are provided as required in this Section. Furthermore, no cul-de-sac street shall exceed the maximum length of one -thousand two hundred feet (1,200'). For purpose of this regulation, cul-de-sac length shall be measured along the centerline of the cul- de-sac from the intersecting street right-of-way line to the center point of the cul-de-sac. (0-00-1261 112-19-00) c. Width —A cul-de-sac street shall have a minimum right-of-way width of fifty feet (50') and a minimum pavement width of thirty-one feet (31'), back-to-back of curb. However, a cul-de-sac street which exceeds six -hundred feet (600') in length shall have a minimum right-of-way width of fifty-six feet (56') and minimum pavement width of thirty-six feet (36'), back-to-back of curb. (0-00-1261112-19-00) Chapter 9 — Subdivision Design & Public Facilities Page 9 - 8 Colleyville, Texas, Land Development Code d. Maximum Number of Lots — The maximum number of single-family lots served on a cul-de-sac street shall be as shown in the following table: (0-00-1261112-19-00) Maximum SF Residences Served on Cul-de-sac District Max. Number of Lots Served AG 5 RE ____---- 5 _..........------- --------._.-j__----------- R-40 - 10 R-30 ..................... ....-.____----.---- 10 R-20 ----- -------- ------ -..................................._------ -------- ----.. 312 ----------- R-15 _..a.---- -------- ----------- ......................--------------- 12 PUD-R 12 e. Temporary Turn -Around— A temporary turn -around is required when a street is temporarily dead - ended and is longer than one -hundred and fifty (150) feet, as measured from the intersecting street right-of-way line. The temporary turn -around shall be within a temporary easement and constructed of asphalt or concrete. (0-00-1251 1 12-19-00) 6. Temporary Dead -End Streets - Temporary dead-end streets shall have provision for future extension of the street and utilities and, if a temporary cul-de-sac is utilized, a reversionary right to the land abutting the turnaround for excess right-of-way shall be provided. 7. Stub -outs for Future Extensions - Permanent dead-end roads shall not be allowed. The street layout shall be extended to the tract boundary to provide for future access into adjoining tracts to assure adequate neighborhood circulation unless: 1) prevented by topography or other physical conditions; or 2) the City Council determines that the extension is not necessary for future development of adjacent tracts. In general, these extensions should be not more than one thousand (1,000) feet apart. 8. Pavement Required - All street surfaces within or abutting the proposed subdivision shall be paved, with curbs and gutters installed, and constructed in accordance with the standards and specifications contained elsewhere in this Land Development Code. 9. Frontage Access Road - Where a subdivision abuts or contains an existing or proposed collector street or railroad right-of-way or abuts a commercial or industrial land use, the City may require a frontage street approximately parallel to and on each side of such right-of-way to separate through and local traffic, or reverse frontage with screen planting contained in a non -access reservation along the rear property line, deep lots with rear service alleys, or equivalent treatment as may be necessary for adequate protection of residential properties. 10. Half Streets - Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the City Council finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided, the other half of the street shall be platted within such tract. 11. Number of Subdivision Entryways — Every subdivision shall be designed to provide sufficient access into the development to accommodate anticipated traffic demands and to provide for emergency public services using the criteria contained in this Section. (0-01-1280108-08-01) a. Where a proposed subdivision, or cul-de-sac street, contains more than twelve (12) lots, the development shall provide for two entryways as follows: Chapter 9 - Subdivision Design & Public Facilities Page 9 - 9 Colleyville, Texas, Land Development Code The development shall provide one street entryway and one emergency access easement. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway. The widths of the right-of-way and driving surfaces of the street entryway and the emergency access easement shall be in accordance with the standards contained elsewhere in this Land Development Code, or ii. The development shall provide two street entryways separated not less than one -hundred feet between the centerlines of the driving surfaces. The widths of the right-of-way and driving surfaces of the two entryways shall be in accordance with the standards contained elsewhere in this Land Development Code, or ili. The development shall provide a divided entryway and one emergency access easement. The driving surfaces of the divided entryway shall be separated by a median not less than ten (10) feet in width and provide for one-way traffic. The widths of the right-of-way and driving surfaces of the divided entryway shall be in accordance with the standards contained elsewhere in this Land Development Code. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway and be constructed in accordance with the standards contained elsewhere in this Land Development Code. b. If it is physically impractical or otherwise impossible to provide two entryways or to incorporate an emergency access easement into the development in accordance with the above stated requirements, the following alternative may be considered by the approving body: L A single pavement width of forty-one (41) feet shall be constructed. Said pavement shall extend back from the intersecting street right-of-way a minimum distance of one -hundred (100') feet. All residences within the subdivision shall contain automatic fire -sprinkler systems. c. If it is physically impractical or otherwise impossible to comply with the above -stated requirements, an alternative design may be submitted to the City Council for consideration. The approving body may approve the alternate design if it finds that the above -stated requirements can not be satisfied and that all efforts have been made by the developer to comply with said requirements. 12. Reverse Curves - Between reverse curves there shall be a tangent section of centerline not less than one hundred feet (100') long. C. Intersections 1. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. 2. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street Not more than two (2) streets shall intersect at any one point unless specifically approved by the City. 3. Street jogs with centerline offsets of less than one hundred thirty-five (135) feet shall not be permitted. 4. Local streets intersecting a collector street or larger shall have a tangent section of centerline at least fifty (50) feet in length measured from the right-of-way line of the collector street; however, no such tangent is required when the minor street curve has a centerline radius greater than four hundred (400) feet with the center located on the collector street right-of-way line. 5. At local street intersections, the property line corner shall be rounded by an arc having a radius of twelve (12) feet. This radius shall be increased when the smallest angle of intersection is less than eighty (80) degrees. At intersections of streets with major and collector streets the property line corners shall be rounded by an arc having a radius of twenty-five (25) feet. The Director of Public Works or designee may approve comparable cut-offs or cords in place of rounded corners. Chapter 9 — Subdivision Design & Public Facilities Page 9 - 10 Colleyville, Texas, Land Development Code 6. Where practical, spacing of intersections along collector streets shall be at least 500 feet apart. 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. Section 9.18 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 (75) 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 Chapter 9 — Subdivision Design & Public Facilities Page 9 - 11 Colleyville, Texas, Land Development Code 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. (03-20-0710-07-1513) D. Mutual Access Easements (0-02-1336104-16-02) 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. A. Newly Installed Utilities Required to be Underground (0-17-2015108-15-17) 1. All newly installed gas, electric, telephone utilities, street lighting, cable television, and fiber lines shall be underground except where conditions do not warrant underground installations and as approved by the City Council. 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, such overhead electric lines and facilities are promptly removed. Chapter 9 — Subdivision Design & Public Facilities Page 9 - 12 Colleyville, Texas, Land Development Code Section 9.20 Traffic Impact Analysis J When a proposed subdivision plat is estimated to generate more than 1,000 vehicle trips per day, a traffic impact analysis shall be required with the earliest submittal of a plat application. The traffic impact analysis shall be prepared in accordance with the requirements of the Director of Public Works or designee. The purpose of the traffic impact analysis is to determine the need for traffic mitigation measures which may include, but are not limited to, dedication of additional right-of-way, construction of turning lanes, or construction of traffic control facilities. This requirement may be waived when a traffic impact analysis was submitted at the time the current zoning was adopted and the traffic impact analysis is less than one year old. Any mitigating measures required shall be the responsibility of the developer, unless a cost -sharing agreement is approved by the City. Section 9.21 Sidewalks A. General Sidewalk Requirement Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) are required as part of a Planned Unit Development or Special use Permit; or; (2) front on a new street dedicated in conjunction with a subdivision plan; or, (3) front on an existing City Street. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, sidewalks shall be required to be constructed prior to the final inspection. Any variance to the sidewalk construction requirements described above shall be considered by the City Council. 2. 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. 3. When circumstances exist wherein it is not practical to construct a sidewalk, the developer may be afforded the opportunity to escrow funds in an amount sufficient to pay for the construction of a sidewalk at some future date. 4. The issuance of a building permit is contingent on the written commitment of the applicant to construct a sidewalk or pay the required escrow amount. 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 a green -belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Section 9.22 Street Lighting A. General Requirements — The developer shall be required to install, at no cost to the City, a street lighting system at all street intersections, at the end of all cul-de-sac streets, and at additional locations in accordance with the criteria contained elsewhere in Chapter 14 — Engineering Design Standards of this Land Development Code. All City Lighting shall be consistent with standard light pole ONCOR Texas Style Pole D with Luminaire F with a Finial Band. Any variance from this standard requires written approval from the Director of Public Works or designee. Chapter 9 — Subdivision Design & Public Facilities Page 9 - 13 Coffeyville, Texas, Land Development Code ISection 9.23 Amendments to This Chapter Ord. Number Date Subject 0-00-1261 12/19/00 Cul-de sac street lengths 0-00-1261 12119/ 00 Lot Drainage and Grading 0-00-1261 12/19/00 Fire Hydrants 0-00-1261 12/19/00 Divided Entryways 0-00-1280 68/08/01 Number of Subdivision Ent a s 0-00-1214 12/18/01 Existing Unimproved Street Requirements 0-02-1336 04/16/02 Mutual Access Easements 0-06-1562 02/07/06 General Infrastructure Policy 0-07-1613 03/20/07 Emergency Access Gates 0-09-1712 03/03/09 Amendment to sidewalk regulations — Sections 9.12 and 9.19 0-12-1860 01/08/13 Amendment to sidewalk regulations adding appeal process to the City Council from the P&Z 0-14-1907 02/18/14 Amendment to Sidewalk Regulations & General Update 0-17-2015 08/15/17 Underground Utility Requirement 0-18-2057 9/04/2018 Several amendments as part of a total LDC review Chapter 9— Subdivision Design & Public Facilities Page 9 - 14