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
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Cynthia Singleton, TR , CMC David Kelly
City Secretary Mayor