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HomeMy WebLinkAboutCity Council Resolutions (R-12-3546)-10/01/2012RESOLUTION R-12-3546 A RESOLUTION APPROVING A WAIVER TO THE EMERGENCY ACCESS EASEMENT REQUIREMENTS, FOUND IN CHAPTER 14-ENGINEERING DESIGN STANDARDS, IN THE LAND DEVELOPMENT CODE FOR A NEW EMERGENCY ACCESS GATE BETWEEN THE RESERVE AT COLLEYVILLE ADDITION AND THE WHITTIER HEIGHTS ADDITION WHEREAS, Section 14-138 Emergency Access Gates in the Land Development Code requires that emergency access gates shall only allow access to emergency service vehicles, or the public, in the event of an emergency, and; WHEREAS, Toll Brothers, Inc. is requesting non-emergency access, for their employees, to the proposed emergency access gate to be located within an emergency access easement between The Reserve at Colleyville Addition and the Whittier Heights Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request by Toll Brothers, Inc. and its affiliates to allow non-emergency access by their employees to the proposed emergency access gate, to be located between The Reserve at Colleyville Addition and the Whittier Heights Addition, is hereby approved subject to the following conditions: (1) Other than the entities allowed by Section 14-138(B) in the Land Development Code, only employees of Toll Brothers, Inc. and its affiliates may have access to the emergency access gate, described above, in non-emergency situations. (2) Prior to issuance of a permit to install the emergency access gates allowed by this resolution, Toll Brothers, Inc. and its affiliates shall submit for City Council consideration, a City/Developer Agreement (CDA), whereby Toll Brothers and its affiliates agrees to fund, either all, or in part, and construct new emergency access gates, in place of the existing gates in the Broughton Addition and the Old Grove Addition, within an agreed upon time frame by both Toll Brothers, Inc. and the City of Colleyville. The new gates shall, at a minimum, meet the requirements of Section 14-138 in the Land Development Code. If the CDA mentioned in this section is not approved by the City Council within 90 days from the date of this resolution, then this resolution shall expire. Resolution R-12-3546 Page 2 of 2 (3) The waiver allowed by this resolution shall expire five (5) years from the date of its passage unless the applicant provides proof that Toll Brothers, Inc. and its affiliates still own lots in both The Reserve at Colleyville Addition and the Whittier Heights Addition, at which time the waiver allowed by this resolution may be extended an additional five years from the date of expiration mentioned above. (4) Other than for the use of persons as authorized by the Land Development Code and this resolution, notwithstanding the requirements of Section 14-138 in the Land Development Code, the emergency access gate between The Reserve at Colleyville Addition and the Whittier Heights Addition shall remain closed at all times. Sec. 2. THAT all requirements of the Land Development Code shall be met, except where amended herein. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, ~ NAYS AND ~ ABSTENTIONS ON THIS THE 1ST DAY OF OCTOBER 2012. ~T . ~ CITY OF COLLEYVILLE ', • ~~~,~, ~~ ,~C .t~ ._ ^~y~ Cynthia Singleton, TR , CMC David Kelly City Secretary Mayor