HomeMy WebLinkAboutOrdinances (O-02-1336)-04/16/2002
ORDINANCE 0-02-1336
AN ORDINANCE OF THE CITY OF COLLEYVlllE, TEXAS, AMENDING
CHAPTER 9 - SUBDIVISION DESIGN AND PUBLIC FACILITIES, OF THE
LAND DEVELOPMENT CODE, AS AMENDED, BY APPROVING
REQUIREMENTS FOR MUTUAL ACCESS EASEMENTS; PROVIDING A
SAVINGS CLAUSE; 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
and 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:
Sec 1.
THAT Chapter 9 - Subdivision Design and Public Facilities of the
Land Development Code, as amended, is hereby amended to insert
a new Section 9.17.H - Mutual Access Easements to read as
follows:
Sec.9.17.H Mutual Access Easements
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 spacing standards contained in Chapter 14 of this Land
Development Code.
Sec2.
Sec 3.
Sec4.
Sec 5.
Ordinance 0-02-1336
Page 2 of 3
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.
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 are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment 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.
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.
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.
The first reading and public hearing being conducted on the ~,LJ:L day of
~ 2002.
The second reading and public hearing being conducted on the /~)oA' day of
~ 2002.
Ordinance 0-02-1336
Page 3 of 3
ATTEST:
0~~~
Cynthia Singleton, TRMC
City Secretary
CITY OF COllEYVllLE:
L~~
Mayor
~~...~... AS~_TO FORM AND LEGALITY:
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Ross T. Foster
City Attorney