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HomeMy WebLinkAbout595 09-25-1979ORDINANCE NO. 595 AN ORDINANCE AMENDING ORDINANCES NO. 147 AND NO. 148, SAME BEING THE SUBDIVISION RULES AND REGULATIONS OF THE CITY OF EULESS, TEXAS, WITH RESPECT TO DEVELOPMENT REQUIREMENTS FOR STREET SIZE, SIDEWALKS, PLAT CERTIFICATION, DEAD -END STREETS, BLOCK LENGTHS, AND DRAINAGE: PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, it is the desire of the Euless City Council, following public hearings, to amend certain development requirements under the Euless Subdivision Rules and Regulations for the purpose of reducing development costs to residents and businesses situated within the City while maintaining optimum development standards so as to assure the proper use and enjoyment of real properties within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT THE HEREINAFTER CITED SECTIONS OF EULESS' ORDINANCES 147 and 148, SAME BEING THE EULESS SUBDIVISION RULES AND REGULATIONS ARE HEREWITH AND HEREAFTER AMENDED TO BE AND READ AS FOLLOWS: Section 10 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinances 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 10. Same - Streets, Curbs, Gutters; Pavement; Street Signs; Tentative. The subdivider of each tract of land will be required to construct, at his own expense, standard curb and gutter along all streets, and to install a minimum 6" stabilized sub -grade and 6" asphalt base and surface the street, un- less provisions setforth in Section 32 (5) of this ordinance are complied with, in accordance with the city's standards and specifications, including all engineering costs covering design, layout and construction supervision. The subdivider, at his own expense, shall furnish and erect street signs in accordance with the city's standards and specifications at each corner of every dedicated street as shown on the plat of the subdivision. Final plans for such improve- ments shall be submitted to the city planning commission for study by the city engineer and final for City Council approval before any work is started in the subdivision. Detailed construction plans, including the plan and profile for each street, shall be filed with the submission of the final plat in the same number of copies as required of the final subdivision plat. Where plats are presented for approval which adjoin unplatted property, the owner and /or developer of the proposed subdivision shall provide his pro rata share of the pavements and drainage structures cost of the boundary streets. The owner and/ or developer's pro rata share of pavement and drainage structures costs of boundary streets shall be for dedication of additional right -of -way required and only the minimum street section required in accordance with Article II, Section 32 (4) of this ordinance.In areas where major and secondary thoroughfares and collector streets are shown on the major street plan of the City and where no existing road exists, the owner and /or developer shall be required to dedicate the required right -of -way and construct the minimum street section required in accordance with Article II, Section 32 (4) of this ordinance. If a street, at the City's request, shall be constructed to exceed the requirements as out- lined above, the City would be responsible for costs involved for the excess width and /or thickness required to meet the City's needs, and shall be subject to council approval. Where boundary or other streets are not to be paved in their entire width either within or abutting the proposed subdivision, the owner and /or developer shall deposit his pro rata share of the cost of the pave- ment and drainage improvements into escrow with the City or construct such portion of said improvements as may be approved by the City. If the owner and /or developer chooses to construct a wider street than required by the City, the owner and /or developer shall bear the entire cost for the street. Each street installation project will be considered by the City upon the individual merits of each project prior to construction. Section 11 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 11. Same - Sidewalks. Sidewalks are required and shall not be less than three (3') feet in width, parallel to and not more than one foot outside.of the property "line, and shall be situated wholly within the dedicated street. Sidewalks abutting business property shall have a minimum width of ten (10) feet, Parkways shall be excavated or filled to a grade parallel with and be not more than one - quarter (1/4) inch slope to the foot from the back of the curb to the property line. Landing walks of a width not less than eighteen (18) inches may be in- stalled abutting the rear of the curb, Sidewalk requirements are to be included in a subdivision preliminary. Final plans on such walks shall be submitted along with the final plat of the development, and detailed construction plans shall be filed for approval of the city planning commission and city engineer at the time of submission of the final plat, Sub - section (10) of Section 18 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance 147 and 148 is herewith amended to be and read as follows: Section 18. Same - Information. (10) Blanks for certificate of approval to be filled out by the city engineer or director of public works, city planning commission and city council shall be lettered in on the final plat as follows: "Approved by City Planning Commission: Chairman, City Planning Date Commission -2- Approved by the City Council: I hereby certify that this plat of the Addition to the City Limits of the City of Euless, Texas, was approved by the City Council of the City of Euless, Texas, on the day of , 19 City Manager IV. City Secretary Sub - Sections (5) and (10) of Section 32 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance 147 and 148 are herewith amended to hereafter be and read as follows: Sec. 32. Street Design Generally. (5) Construction: Residential streets shall be constructed on a minimum of six (6) inches of stabilized subgrade (lime or cement) as soil test indicates and compacted to ninety -five (95) per cent density, Density tests shall be taken every five hundred (500) feet or less as required by the inspector. Asphalt shall consist of four (4) inches type A and two (2) inches type D surface course, and shall be mixed to Texas Highway Specifications standard for types A and D asphalt. Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer with a soils report and design calculations to substantiate the fact that such alternate will be adequate. Residential streets shall be designed and constructed with adequate thickness, based on Texas Highway Department Trixial Design Criteria, to provide for unlimited repetitions of five thousand (5,000) pounds wheel loadings and a minimum of seven thousand (7,000) repetitions of an eighteen thousand (18,000) pound axle loading. Under no circumstances, however, will less than five (5) inches of stabilized subgrade (lime or cement as soil tests indicate) com- pacted to a minimum of ninety -five (95) percent standard proctor density and five (5) inches of hot -mix ashaltic concrete be allowed. (10) Sidewalks: There shall be sidewalks installed on both sides of each street. The sidewalk shall be three (3) feet minimum in width and four (4) inches minimum in thickness. Sidewalks shall be reinforced with not less than six (6) by six (6) by ten (10) wire mesh and shall be located one foot outside the property line. M Section 34 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinances 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 34. Street right -of -way and pavement widths. Streets shown on the city master plan as main thoroughfares shall have a dedicated right -of -way width of not less than eighty (80) feet and a pavement width of from forty -eight (48) to sixty -six (66) feet measured from back of curb to back of curb. Streets shown on the city master plan as collector streets -3- shall have a dedicated right -of -way width of not less than sixty (60) feet and a pavement width of not less than thirty -seven (37) feet, measured from back of curb to back of curb. Other streets, not shown on the city master plan as main thoroughfares or collector streets, will be considered as normal minor residential streets. Their right -of -way width is to be not less than fifty (50) feet and the pavement width is to be not less than thirty -one (31) feet, measured from back of curb to back of curb. VI. Section 37 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinances 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 37. Dead -end streets. Except in unusual cases, dead -end streets will not be approved unless such dead -end streets are provided for in such a manner that will permit connection with future streets in adjacent lands. Courts, culs -de -sac or "places" may be provided where the shape of a portion of the proposed sub- division or the terrain of the land would make it difficult, uneconomical or unreasonable to plat with connecting streets. These courts, culs -de -sac or "places" shall be so arranged as to provide access to all lots and shall, generally, not exceed four hundred (400) feet in length. A turnaround must be provided at the closed end having an outside radius of not less than fifty (50) feet. In general, no reserve strips controlling access to land dedicated or to be dedicated to public use shall be permitted. VII. Section 38 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinances 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 38. Block lengths. Block lengths, generally, should not exceed one thousand (1,000) feet in length. VIII. Section 102 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinances 147 and 148 is herewith amended to hereafter be and read as follows: Sec. 102. Maximum water depth. Maximum depth of water to be allowed in streets at design flow shall be determined by the classification of the street on the major street plan of the City and as set forth in Section 103 (b) below, but not more than eight (8) inches, as determined from street width and slope on the street flow charts following this appendix. -4- Ix. Section 103 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance 147 and 148 is herewith amended to hereafter be and read as follows: Section 103. Drainage Features and policies. (a) The three (3) basic types of drainage features are as follows: (1) Closed system; (2) Reinforced concrete lined channels; (3) Natural channel (b) During the design storm, the quantity of storm water that is allowed to collect in the streets before being intercepted by a storm drainage system is referred to as the "spread of water ". In determining the limitations for carrying storm water in the street, the ultimate development of the street shall be considered. The use of the street for carrying storm water shall be limited as follows: Thoroughfares - Two traffic lanes to remain clear Collectors - One traffic lane to remain clear Residential Streets - Six (6) inch depth of flow at curb or no lane completely clear Storm water in excess of the above stated quantitites allowed to be carried in the streets shall be handled in storm sewer pipe, or shall be handled in open ditches not in the street right -of -way. Capacity of storm sewers and ditches shall be calculated by Kutter's or Manning's formula or other approved methods. Storm water runoff shall be carried in a storm sewer pipe when either of the following apply: (1) The runoff can be carried in a pipe of forty -eight (48) inches in diameter or smaller; or (2) Where it is necessary for the protection of adjacent facilities that the storm water be carried in an enclosed facility. Headwalls shall be constructed at the outfall of all storm systems. (c) Reinforced concrete lined open channels should be used when the criteria outline in Section 103 (b) (1) above is exceeded: (1) Reinforced concrete lined channels shall conform to the following: a. Channels draining an area with a "CA" factor of two hundred fifty (250) or less shall be lined with reinforced concrete in a manner which will contain the design frequency storm plus one foot of freeboard within the concrete lining; b. Channels draining an area with a "CA" factor of more than two hundred fifty (250) but less than five hundred -5- (500) shall be concrete lined to contain the runoff from a five (5) year return frequency storm with the balance of required design frequency storm contained within grassed slopes no steeper than three (3) horizontal to one vertical and with a minimum of one foot freeboard; C. Channels draining an area with a "CA" factor of more than five hundred (500) shall be governed by criteria designed for the individual situation. (d) Channels may be preserved when criteria in Section 103 (c) (1) c. is met or when the developer desires to preserve the natural channels within his addition for purposes of aesthetics and /or open space and when approved by the city according to the procedure prescribed for plat approval. The following criteria shall shall apply when it is desirable to preserve natural channels: (1) An application for preservation of a natural channel shall be submitted through the director of planning and development for review by the City of Euless a minimum of twenty -one (21) days prior to the approval of the preliminary plat. This application shall contain the following information furnished by the developer: a. Topographic, hydrologic and hydraulic information sufficient to properly evaluate the proposal; b, When the natural channel to be preserved is one which has had a floodplain information report prepared by the corps of engineers or other governmental agencies, the identified one hundred (100) year return frequency storm shall be shown to the extent that it affects the property in the application, In addition, it shall be demonstrated that the proposed improvements will comply in all re- spects with the criteria outlined in Section 1910 of the national flood insurance regulations as amended promolgated by the Federal Insurance Administration. (2) When the drainage feature meets the criteria outlined in Section 103 (c) (1) a, or b., the proposed improvement shall be constructed with a reinforced concrete pilot channel not less than six (6) feet in width and having at least eight (8) inch vertical curbs and a depressed invert with a minimum of transverse slope of two - thirds (2/3) inch per foot. The remainder of the channel shall consist of earthen side slopes with proper vegetative cover on slopes no steeper than two (2) horizontal to one vertical below the elevation required for the design frequency storm and three (3) horizontal to one vertical above. In the special cases approved according to the procedure prescribed for plat approval, large single tract developments may be governed by criteria designed for the individual situation. 10 Cases of this nature shall be considered only where the applicant demonstrates substantial preservation of aesthetics and /or open space. The mere reduction of development costs will not be considered as justification for this variance. A perpetual maintenance agreement shall be provided in accordance with Section 103 (d) (3) e. to include all maintenance responsibility for the facility. (3) All channels meeting the criteria of Section 103 (d) shall also meet the following criteria: a. All land having an elevation below the twenty -five (25) year return frequency flood elevation shall be contained within an easement dedicated to the public for the purpose of providing drainage. The twenty -five (25) year return frequency storm shall be determined on the basis of a fully developed watershed according to the latest available master plan; b. All channel improvements such as reshaping, re- alignment, etc., shall be protected with sodding, back sloping, cribbing, and other bank protection designed and constructed to control erosion from the twenty -five (25) year return frequency storm; c. An analysis shall also be made to determine the limits of the one hundred (100) year return fre- quency flood, A flowage easement shall be dedicated to limit the construction of any structures in the area bounded between the one hundred (100) year and twenty -five (25) year return frequency storms as indicated above. The term structure shall be con- strued to include any and all types of fences, portable buildings or any man -made device which could be construed to be an obstacle to the flow of water; d. The following velocity controls shall be applied to channels with earthen banks: 1. Unlined banks in clay soil with grass cover - 8.5 fps.; 2. Unlined banks in sands or silty soil with grass cover - 5.0 fps. e. A perpetual maintenance agreement in form prescribed by the City of Euless shall be executed by all parties owning any interest in the property abutting upon, adjacent to, or included within such channel and flowage easement provided for in Section 103 (d) (3) d. hereof. Such perpetual maintenance agreement shall be filed of record and shall establish an affirmative burden, charge and duty on the part of all existing and future parties owning any interest in the property abutting upon, adjacent -7- to, or included within such channel and flowage easement for the maintenance of the channel and flowage easement with regard to vegetation, erosion control and the control of trash and debris. The right, without a duty to do so, shall be given the City of Euless to enforce such perpetual maintenance agreement, and, if it so elects, to perform necessary maintenance, the pro rata cost of which may be charged as a priority lien and assessment against the property and the owners thereof abutting upon, adjacent to, or included within such channel and flowage easement. X. 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 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. XI. 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. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 11th day of September, 1979; by a vote of 5 ayes, 0 nays and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 25th day of September, 1979; by a vote of 3 ayes, 0 nays and 0 abstentions. ATTEST: Della Houy, City Secrets M. Robert McFarland, City Attorney APPROVED: Z�4� Z. X:e�ve� Harold Samuels, Mayor