HomeMy WebLinkAbout1177 05-23-1995ORDINANCE NO. 1177
AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED
DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF
THE CITY OF EULESS, TEXAS, AS AMENDED; ADDING
CERTAIN DEFINITIONS TO SECTION 84-7 "DEFINITIONS
AND WORD USAGE% AMENDING THE REQUIREMENTS FOR
SUBDIVIDED LOTS CONTAINED IN SECTION 84-441
"SUBDIVISION LAY -OUT STANDARDS "; AMENDING TABLE
4-A AS CONTAINED IN SECTION 8"4 "PERMITTED USES
TABLE" TO ADD CATEGORIES FOR "PRIVATE STREET
DEVELOPMENTS" AND "LIMITED ACCESS RESIDENTIAL
DEVELOPMENTS "; AMENDING SECTION 84-85 "SPECIAL
USE CONDITIONS BY USE TYPE" TO ADD SPECIAL USE
CONDITIONS FOR PRIVATE STREET DEVELOPMENTS AND
LIMITED ACCESS RESIDENTIAL DEVELOPMENTS;
AMENDING THE UNIFORM FIRE CODE IN EFFECT WITHIN
THE CITY TO ADD PROVISIONS GOVERNING LIMITED
ACCESS DEVELOPMENTS WHICH ARE ENTERED THROUGH
A LIM TED ACCESS GATE OR GATES, AND ESTABLISHING
PERMIT REQUIREMENTS THEREFOR; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, changed development conditions have resulted in an increase in
requests to the City for property developments utilizing private streets and limited
access streets controlled by security gates; and
WHEREAS, the City Council of the City of Euless, Texas, has found and
determined that the public health, safety and general welfare will best be served by
imposing the following regulations upon private street developments and limited
access residential developments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
That Section 84 -7 "Definitions and Word Usage" of Chapter 84 "UNIFIED
DEVELOPMENT CODE" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended by the addition of the following definitions, to be
inserted in said section in alphabetical order:
Entry Turnaround - Shall mean an esplanade opening or other accommodations
providing for an entrance to a private street development in order to allow
vehicles denied access to re -enter onto a public street with a forward motion
without unduly disturbing other vehicles at the entrance.
Gate. Limited Access - Shall mean any device located on private property which
controls or limits access to more than one (1) residential unit or any
non - residential property.
nv TTNANCF NO. j= PAGE 1
Gate. Privacy - (See Gate, Limited Access)
Gate. Security - (See Gate, Limited Access)
Limited Access Residential Development - Shall mean a development designed
for residential purposes that limits access to three or more residential lots or
dwelling units by the use of a gate, security guard or other active means.
Main Gates - Shall mean the gate and entry way designed as the primary
entrance for guests, residents, deliveries, employees, patrons, etc.
Primary Emergency Access - Shall mean the drive or access point designed as
the primary point of ingress /egress for emergency vehicles.
Private Street Developments - Shall mean any development that contains a
group of lots that have no frontage on publicly dedicated street and are
accessible by way of a private street or access easement.
Property Owners Association - Shall mean a co-op or an association of owners
organized for the purpose of owning, maintaining, administering and operating
common facilities such as clubhouses, swimming pools and private streets, and
to enhance and protect their common interests.
Secondary Emergency Access - Shall mean a drive or access point designed as a
secondary or back -up means of ingress /egress for emergency vehicles.
II.
That Subsection (1) of Section 84 -441, "Subdivision Lay -Out" of said Code of
Ordinances, as amended, be hereby amended to hereafter be and read as follows,
provided, however, that the paragraphs labeled "a" through "d" appearing thereunder
shall remain unaffected by this amendment:
(1) Lots: Subdivisions shall be divided into lots and blocks. Lots shall be the
smallest unit of land parcels on which development may occur and shall
maintain frontage on a publicly dedicated street unless otherwise approved
by City Council through the Specific Use Permit (SUP) or Planned
Development (PD) process. The following shall apply for lots:
III.
That Table 4 -A "Permitted Primary Uses" contained in Section 84 -84
"Permitted Uses Table" be hereby amended by adding a new row under the heading
"Residential Accommodations" entitled "Private Street Developments." Said use
shall be listed in said table with an S.I.C. (Standard Industrial Classification) code of
0000, shall be listed as permitted in all residential districts with a Specific Use
Permit, shall be listed as belonging to parking group 3, and shall be listed as being
subject to Special Conditions denominated (af) in Section 84 -85.
CNOMMANCE NO. 1 1 77 PAGE 2
N.
That Section 84 -85 "Special Conditions by Use Type" of the said Code of
Ordinances, as amended, be hereby amended by the addition of the following new
Subsection (af) "Private Street Developments" at the end of said section:
(af) Private Street Developments. All private street developments shall be
processed through the Specific Use Permit or Planned Development procedure.
Authority to approve a private street development shall lie solely with the
Euless City Council. The following standards shall apply to all private street
developments:
(1) Approval Criteria: In addition to the Specific Use Permit (SUP)
"Conditions of permit approval" specified in Section 85 -153 of this
Code, the following additional approval criteria must be found to
exist:
a. The proposed development is zoned as residential or planned
development zoning district;
b. The proposed development is bounded on all sides by natural or
man -made barriers (with no reasonable connection with
another residential parcel);
C. The proposed development shall not impede the current or
future development of a thoroughfare;
d. The proposed development shall not disrupt an existing or
proposed public pedestrian pathway, hike and bike trail or park.
(2) General Design Standards: The private street system shall:
a. Comply with construction design standards for public streets as
specified in Section 84 -442 of this Code;
b. Provide access for emergency vehicles, public and private
utility maintenance and service personnel, the U.S. Postal
Service, and government employees in pursuit of their official
duties;
C. Each private street development plat shall contain the
following wording on the face of the plat and in the required
property owners association documents:
The streets have not been dedicated to the public, for
public access nor have they been accepted by the City as
public improvements. They shall be maintained by the
property owners within the subdivision, but shall always
be open to emergency vehicles, public and private utility
maintenance and service personnel, the U.S. Postal
Service, and governmental employees in pursuit of their
official duties.
nanMANCE NO. 1177 PAGE 3
A property owners association is required to maintain the
private streets. All property owners shall be members of
said association.
The property owners association (the "Association ")
agrees to release, indemnify, defend, and hold harmless
the City and any governmental entity or public utility
that owns public improvements within this subdivision
(collectively, the "Indemnitees ") from and against any
claims for damages to the streets, restricted access gates
and entrances, and related appurtenances (collectively,
the "Streets ") caused by the reasonable use of the Streets
by the Indemnitees. This paragraph does not apply to
damages to the Streets caused by the design,
construction, or maintenance, of any public
improvements owned by any of the Indemnitees.
The Association agrees to release, indemnify, defend, and
hold harmless the Indemnitees from and against any
claims for damages to property and injury to persons
(including death) that arise out of the use of the Streets
by the Indemnitees and that are caused by the failure of
the Association to design, construct, or maintain the
Streets in accordance with city standards. The
indemnification contained in this paragraph 2 shall apply
regardless of whether a contributing factor to such
damages or injury was the negligent acts or omissions of
the Indemnitees or their respective officers, employees,
or agents.
Each lot owner agrees to release the Indemnitees from
claims for damages to property and injury to persons
(including death) that arise out of the use of the Streets
by the Indemnitees and that are caused by the failure of
the Association to design, construct, or maintain the
Streets in accordance with city standards.
The obligations of the Association and lot owners set
forth in the above paragraphs shall immediately and
automatically terminate when the streets and other
rights -of -way have been dedicated to and accepted by
the City.
d. Private streets shall be located in a "public utility and storm
sewer easement." The width of the easement shall be the same
as the required right -of -way for a public street, unless a
variable street width has been approved by City Council
through the Planned Development procedure. Centered in the
"public utility and storm sewer easement" shall be an "access
easement" equal in width to the paved private street.
nun1NANCE NO. 1177 PAGE 4
e. All private street developments shall have a minimum of one point of
access to a public street. Said access points shall be designed to
provide adequate stacking of vehicles, have a turnaround to allow
vehicles denied access room to maneuver into a "head out" position
when exiting onto a public street. Entrances are to be a minimum of
25' in width.
(3) Property Owners Association: Private street systems shall be the
responsibility of all the property owners within the addition and shall be
subject to all the following requirements:
a. Subdivisions with private streets shall have a property owners
association. The association shall be responsible for the maintenance
of private streets and appurtenances. The association documents
must be acceptable to the City at the time of preliminary plat
approval. The approved document shall be executed and filed for
record contemporaneously with the filing of the final plat.
b. Every owner of a lot within the private street development shall be a
member of the property owners association.
C. The association documents shall address, but not be limited to, the
following:
The association documents must indicate that the streets
within the development are private, owned and maintained by
the association, and that the City has no obligation to maintain
the private streets.
ii. The association documents shall include a statement indicating
that the City may, but is not obligated to, inspect private
streets and require repairs, as deemed necessary.
iii. The association may not be dissolved without the prior written
consent of the City.
d. The documents establishing the association shall give the City the
right to assess each lot within the private street development for the
payment of bills for private infrastructure repairs made by or under
contract with the City, not paid by the association.
e. No portion of the association documents pertaining to the
maintenance of the private streets may be amended without the
written consent of the City.
The association documents shall contain a provision that assures
access to emergency vehicles, utility personnel, the U.S. Postal
Service, and governmental employees in pursuit of their official
duties.
ORDINANCE NO. _ i 17 7 PAGE 5
V.
That Table 4 —A, entitled "Permitted Primary Uses" contained in Section 84 -84
"Permitted Uses Table" of said Code of Ordinances, as amended, be hereby amended
by the addition of a new row under the heading "Residential Accommodations"
entitled "Limited Access Developments." Said use shall be listed with an S.I.C.
(Standard Industrial Classification) code of 0000, shall be listed as permitted in all
residential districts with a Specific Use Permit, shall be listed as belonging to no
parking group, and shall be listed as subject to Special Condition (ag) in Section
84 -85.
1Tlg
That Section 84 -85 "Special Conditions by use Type" of said Code of Ordinances,
as amended, be hereby amended by adding the following new condition (ag) "Limited
Access Residential Developments" at the end of said section:
(ag) Limited Access Residential Developments. All limited access or "gated"
residential developments shall be processed through the Specific Use
Permit or Planned Development procedure. Authority to approve a limited
access residential development shall tie solely with the Euless City
Council. The following standards shall apply to all limited access
residential or gated developments and shall be illustrated on the PD
(Planned Development) or SUP (Specific Use Permit) site plan:
1. All gates shall be located solely on private property;
2. Emergency services access shall be designed, equipped and permitted
as provided for in Section 34- 105(10) of the Code of Ordinances;
3. All gates and their associated drive accesses shall accommodate
residents, guests, deliveries, employees, U. S. Postal Service,
government and utility personnel in pursuit of their duties without
significantly impeding traffic movement on public thoroughfares.
The minimum number, location and design of each entrance /exit
shall accommodate peak travel times for both the surrounding public
streets and for the development being served and shall also be
designed in consideration of long range traffic forecasts, the type
and speed of the gate opening system being used and the number of
dwelling units being served. A turnaround shall be provided for
vehicles denied access to be able to exit onto a public street in a
"head out" fashion.
A traffic impact analysis showing the impact the limited access may
have on surrounding streets may be required. No Limited Access
Development shall be approved that unduly negatively impacts public
streets.
ORDINANCE NO. —L L7-7— 7 7 PAGE 6
5. Visitors access shall be provided in the following manner: At least
one (1) gate shall be equipped for visitors access. Said visitor access
shall provide for a call or code box located a minimum of 30' from
the property line to provide for visitors calling in and automobile
queuing. An entry turnaround with a minimum outside radius of 30'
shall be provided behind the call or code box for vehicles denied
access to be able to maneuver into a "head out" position onto a
public street with minimal disruption to other vehicles at the
entrance.
6. Residents' access shall be provided in the following manner: There
shall be not less than one (1) exit designed for residents use for each
200 dwelling units. Said residents' exits shall be equipped with
automated gates that allow for egress on demand.
There shall be not less than one (1) entrance designed for residents'
use for every 300 dwelling units. One (1) residents' entrance may be
the same as a visitors' entrance. Said residents' ingress shall be
equipped with an electronic opener and activated remotely.
Remote controls that use a key, card or require a code to be keyed in
by the residents shall be set back a minimum of 30' inside the
property line to provide for one (1) resident to use the key entry and
queuing for one (1) additional vehicle.
A residence entrance used in combination with a guest entrance shall
provide for the queuing of not less than two (2) vehicles, not
including the vehicle using the remote control box. No additional
queuing is required if the remote control to open the gate is normally
activated by mobile device enabling the resident to enter the
premises without having to stop and enter a code, card or key.
Parking shall be provided in accordance with the use group which the
proposed use most closely resembles, as determined by the
Administrator.
®i
That Subsection (10) "Section 10.306" of Section 34-105 "Amendments to the
Fire Code" of Chapter 34 "FIRE PREVENTION AND PROTECTION" as amended, be
hereby amended and replaced in its entirety with the following:
(10) Section 10.306. Section 10.306 is hereby added to read as follows:
Section 10.306. Security /Privacy Gates
(a) Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them, except where
the context clearly indicates a different meaning:
Security Gate — (See Limited Access Gates)
ORDINANCE NO. 1 1 7 7 PAGE 7
Privacy Gate — (See Limited Access Gates)
Limited Access Drive — Shall mean any vehicle access way from a
public street to private property which has a device which limits or
controls vehicle access onto the property.
Main Gate — Shall mean the gate and entry way designed as the
primary entrance for guests, residents, deliveries, employees,
patrons, etc.
Owner — Shall include a person, corporation, partnership, association
or any other similar entity.
Light duty metal chain — Shall mean a chain with the maximum
diameter of metal in the chain links being one — quarter inch, and does
not mean high —test proof coil chain, or other heat — tempered chain,
regardless of size.
Primary Emergency Access — Shall mean the drive or access point
designed as the primary point or one of several primary points of
ingress /egress for emergency vehicles.
Secondary Emergency Access — Shall mean a drive or access point
designed as a secondary or back —up means of ingress /egress for
emergency vehicles.
General Requirements.
1. All limited access drives from public streets shall be designed to
accommodate emergency service vehicles (fire — police— medical). All
limited access drives from public streets shall be designated as
either a primary or secondary emergency access way, as determined
by the Fire Marshall.
2. All primary emergency access points shall be equipped to operate
with the Opticom gate opening system and the Knox K.S. #2 key
switch. The opening shall incorporate a fail safe manual backup or
automatic release in the event of a failure of the electrical or
mechanical system. The Knox key switch shall be located on a key
pad pedestal or call box as approved by the Fire Marshal.
3. All secondary emergency access points shall be equipped with a
manual disconnect to allow manual opening of the gate by emergency
service personnel. Such system may be a Knox pad lock or other
device as approved by the Fire Marshal.
4. All primary emergency accesses designated by the Fire Marshal shall
be equipped with the Opticom gate opening system. The system shall
be maintained by the property owner in good working condition at all
times.
ORDINANCE NO. 1177 PAGE 8
C. Specific requirements. All gates within a public access way or emergency
access easement (fire lane) shall comply with the following:
All primary access gates shall be located on private property a
minimum of thirty (30) feet from the property line being crossed by
the access drive or forty (40) feet from the nearest edge of the
roadway, whichever is greater.
2. The minimum clear opening width shall not be less than twenty (20)
feet and a minimum unobstructed height of thirteen (13) feet six (6)
inches shall be maintained.
3. Limited access gates shall be designed and constructed in a
workman —like manner. Gate materials shall be approved by the Fire
Marshal.
4. Limited access gates shall be designed, constructed and maintained
to open fully the required width when activated by the Opticom or
Knox key switch system. Horizontal swing gates shall open towards
the direction of intended travel and shall not interfere with the
design of traffic flow. The gate shall be equipped with a device to
maintain the gate in an open position when activated by an Opticom
Emitter.
5. Electrical and hydraulic gate opening devices shall be designed in a
manner that provides for an alternate method of operation during a
power or mechanical failure.
6. Secondary emergency access gates shall be secured with a Knox
padlock or Knox key switch device.
Provisions shall be made to accommodate other services including
but not limited to public works, sanitation services, utility services,
and postal service. Only emergency Fire, Police and ambulance
vehicles are equipped with Opticom emitting devices.
d. Permit application and installation fee for security /privacy gates. A
written request to install security /privacy gates shall be submitted to the
Office of the Fire Marshal with sufficient information to ensure that code
compliance shall be provided. Said permit application shall contain all of
the following information: Job address, facility name, facility
representative name, address and phone number, company installing the
gate system, name, date of birth and driver's license number of the
representative of the company installing the system. The permit
installation fee is based on the cost of construction as outlined in the
building permit fee schedule. Gates may be installed only upon receiving a
permit from the Fire Marshal and upon receiving payment of the one —time
Opticom emitter fee as set by the City Council for OPTICOM EMITTER
FEE.
ORDINANCE NO. 1177 PAGE 9
e. Annual permit. After the first year from the time of installation an
annual Fire Department permit and fee, as set by the City Council, is
required from the property owner.
f. Additional fire orotection reauirements for limited access residential
occupancies. Occupancies classified as single— family, duplex or
multi — family residential may be required to furnish additional provisions
for fire protection as specified in the Unified Development Code, Fire
Code or Building Code.
g. Disclaimer of liability. The City of Euless hereby disclaims any and all
liabilities resulting from damages sustained by any person or owner, either
directly or indirectly, as a result of any emergency function of the city or
lack thereof, where such damage is occasioned by the noncompliance of
any provisions within this section.
VIL
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
VIII.
Saving, Clause. That Chapters 34 and 84 of the Code of Ordinances, City of
Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
IX.
Penalty Clause. Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall
be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars
($500.00) for each offense, and for any offense which is a violation of any provision
of this ordinance that governs fire safety, zoning, public health and sanitation,
including the dumping of refuse as that term is defined by Section 2.09 of the Texas
Litter Abatement Act, Article 4477 -9A, Vernon's Annotated Civil Statutes, as
amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense, and each and every day such offense is continued shall
constitute a new and separate offense.
K4
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
ORDINANCE NO. 1177 PAGE 10
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 23rd day of May 1995; by a vote
of 6 ayes, o nays and o abstentions.
APPROVED:
'Li,:'L
Mary Lib Sgdeh, Mayor
ATTEST:
d4 t4
u an Crim, CMC, City geerftary
APPROVED AS TO FORM:
'Bob McFarland, City Attorney
705mlib /050495
ORDINANCE NO. i i PAGE 11