HomeMy WebLinkAboutOrdinances (O-01-1280)-06/19/2001
ORDINANCE 0-01-1280
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 8 - PLAT REVIEW PROCEDURES, CHAPTER 9 - SUBDIVISION
DESIGN & PUBLIC FACILITIES, AND CHAPTER 14 - ENGINEERING
DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE, AS
AMENDED, BY APPROVING PROCEDURES FOR EASEMENT AND RIGHT-
OF-WAY ENCROACHMENTS, AMENDING REGULATIONS FOR DIVIDED
ENTRYWAYS, AND AMENDING REGULATIONS FOR DRIVEWAY SPACING;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was published in a newspaper of general circulation in Colleyville at
least 15 days before such hearing; 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; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
See 1. THAT Chapter 8 - Plat Review Procedures of the Land Development
Code, as amended, is hereby amended to insert a new Section 8.14.1
- Easement and Right-of-Way Encroachments which shall read as
follows:
Section 8.14.1 Easement and RiQht-of-Wav Encroachments
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.
Ordinance 0-01-1280
Page 2 of 7
1. 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.
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
Engineering 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.
Sec 2. THAT Chapter 9, Section 9.17.B, Paragraph 11 - Divided Entryways of
the Land Development Code, as amended, is hereby re-titled and
amended to read as follows:
11. Number of Subdivision Entrvwavs - 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.
Ordinance 0-01-1280
Page 3 of 7
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:
i. 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 (100) 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
III. 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:
i. 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
Ordinance 0-01-1280
Page 4 of 7
be submitted to the City for consideration. The approving body
may approve the alternate design if it finds that the above-stated
requirements cannot be satisfied and that all efforts have been
made by the developer to comply with said requirements.
See 3. THAT Chapter 14, Section 14.7, Paragraph C - Driveway Spacing and
Design Standards, of the Land Development Code, as amended, is
hereby amended in its entirety to read as follows:
14.7.C DRIVEWAY SPACING AND DESIGN STANDARDS
1. Drivewav Approaches
a. Residential Construction: Residential driveway approaches shall
be constructed of six (6") inch thick three thousand (3,000) psi
compressive strength concrete reinforced with #3 steel bars on
eighteen (18") inch centers each way. Residential driveways
shall be constructed with the return curbs having a rolled face
disappearing at the sidewalk and joining the street curb.
b. Commercial and Industrial Construction: Commercial and
industrial driveway approaches shall be constructed of six (6")
inch thick three thousand (3,000) psi compressive strength
concrete reinforced with #3 steel bars on eighteen (18") inch
centers each way. Commercial and industrial driveways shall be
constructed with the return curbs having a rolled face
disappearing at the sidewalk and joining the street curb.
c. Driveway Approach Depth: The driveway shall begin at the
street curb and extend to the property line or to a point nine and
one-half (9.5') feet from the back of the curb, whichever is
greater. The drive approach shall be constructed such that the
height of the drive approach at the property ROW, with a normal
nine and one-half (9.5') foot parkway, shall be two and one-half
(2-1/2") inches higher than the top of the curb.
d. Driveway Approach Widths and Spacing: The criteria contained
in the following table shall be the minimum and/or maximum
standards to be applied in spacing and designing driveways on
public streets. For the purpose of this regulation, driveway width
and spacing shall be measured at the property line. The
Director of Public Services may modify these standards based
on anticipated traffic flow and in accordance with sound traffic
engineering practices.
i Local 12' 35'
Minor Call. 12' 25' 35'
................................. .................."..... .............................................
r./lClJ()rg()11. 16' . ... ..2~:mj 35'
mm.m . mmmm,A.rtl;lriCllmm. ......?.Q:...mm...........?~:+ 35'
Driveway Curb Radius .L()(;C1I.m....m. ..m.~.'.........m ,10' 20'
j
Minor Call. ......~.:.....m..m1()'m;mm .20'
..r./lClJ()rg()11. .. mm ... mj 1 0' ,~()'m.m 20'
Arterial 15' 20' ! 30'
..................................................................h...... ...........i.......
~()I::Cllmmmmm+ ..??.'..m....... n/a m 1()()'m; n/a
Minor Call. L3?'mmm. n/a :.~Q()' n/a
Call. :m...?O' n/a 150' n/a
................t.... ........................:...............................1".........
Arterial 100' n/a 250' n/a
... ...-..-,............
Local 30' n/a 75' n/a
. . ....... .. ...... ........................ ............,. ...........................,....... ............ ........ [" ........... ...............~....
Minor Call. 50' n/a 100' n/a
. ........................................................,....... ...........................!.
mr./lClJ()rg()lI: ... .... ....... .,1()():mm~!C1, 1~0'm;m n/a
Arterial 100' n/a 180' n/a
Driveway Throat Width
Driveway Spacing
(centerline)
Minimum Distance
from Driveway to
Intersection
Ordinance 0-01-1280
Page 5 of 7
e. Provision for Joint Approaches: Driveway approaches shall be
located entirely within the frontage of the premises they serve
except that joint, or cooperative, driveways with adjoining
property holders may be permitted by the Director of Public
Services. When a joint drive approach is proposed by a
developer, the request must be made by all interested parties
and/or all property owners involved.
f. Circular Driveway Approaches at Street Intersections: The
Director of Public Services may approve a circular drive on a
corner lot where both streets are residentially classified.
g. Angle of Driveway Approach: The angle of the driveway
approach with the curb line shall be ninety (90) degrees.
h. Sidewalk to be Removed: Where a driveway approach is to be
built, any existing sidewalk located within the proposed driveway
location shall be removed and the entire area replaced as a
driveway. The drive approach shall extend to the property line.
2. Drivewavs Crossinq Bar Ditches
a. The minimum culvert pipe size shall be 18" diameter. However,
an engineered design that provides for a larger culver pipe size
may be required by the developer where the Director of Public
See 4.
See 5.
Ordinance 0-01-1280
Page 6 of 7
Services determines that additional drainage capacity may be
required. The ends of all culvert pipes shall be cut at a 6: 1
slope.
b. Radius: Driveways shall be constructed with the return curbs
joining the edge of pavement at the street with a minimum ten-
foot (10') radius.
c. The maximum slope from the edge of driveway to the top of the
culvert pipe shall be 6: 1. The sloped area around the end of the
culvert pipe shall be sodded or hydro-mulched to resist erosion.
d. The minimum cross slope on the drive shall be 1/8 inch per foot.
the minimum longitudinal slope between the edge of pavement
at the street and the valley over the culvert pipe shall be 1/4 inch
per foot.
e. Future maintenance of the drive approach and culvert pipe is the
responsibility of the property owner.
f. During the drive approach installation, all ditch grading upstream
and downstream of the proposed driveway culvert is the
responsibility of the property owner.
3. General
a. Driveway Approaches at Pedestrian Crossings: Driveway
approaches shall not be located in street intersections or at
established pedestrian crossings.
b. Driveway Approaches at Obstructions: Driveways shall be kept
at a minimum of five (5') feet away from obstructions such as
street light posts, fire hydrants, traffic signals, etc.
c. Accumulative Width of Approaches: Driveway approaches shall
not occupy more than forty (40%) percent of the frontage of a lot
or tract.
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
Ordinance 0-01-1280
Page 7 of 7
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
See 6.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
See 7.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
~eading and public hearing being conducted on the 0'<< day of
,2001.
F reading and public hearing being conducted on the /9J;{ day of
,2001.
~~~C2fJ~
Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE:
Dt;;-J~
Mayor
Ross T. Foster
City Attorney