Through adoption of this Chapter, the City of Cedar Park has hereby adopted the standards, criteria, rules and regulations as set forth in the City of Austin Standards Manual and the City of Austin Standard Specifications Manual*, being the most current addition thereof, as amended from time to time, including later editions, except such portions as are hereinafter amended, deleted or modified by the City of Cedar Park. Said manuals are incorporated as fully as if set out at length herein, and the same shall be controlling over all improvements within the City limits and extraterritorial jurisdiction of the City of Cedar Park, Texas.
* Use of the Austin Criteria Manual provides the latest designs and construction standards. Cedar Park selectively adopts revisions to these manuals.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a) 
In addition to the requirements established by this Chapter, all development within the City limits shall be designed so as to comply with the intent and provisions of applicable City codes and ordinances; and all development within the ETJ of the City shall comply with this Chapter and applicable City/County codes and ordinances.
(b) 
The minimum design standards as contained herein shall provide the basic criteria for evaluating proposed development. The City may, however, establish reasonable design requirements in excess of these established minimum standards, as set forth herein.
(1) 
Development Plats shall comply with all standards within this Article.
(2) 
For subdivisions that require submittal of a site development permit, the requirements of sections 12.12.015 driveways, 12.12.018 sight distance requirements, 12.12.020 electrical and communication utilities, 12.12.021 lighting standards and 12.12.022(b) through (d) tree preservation may be addressed upon site development submittal.
(c) 
After completion of construction improvements and prior to City Council acceptance of operation and maintenance of the subdivision the applicant shall provide a certificate of compliance from the Texas Department of Licensing and Regulation (TDLR).
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
All transportation improvements including streets, driveways, sidewalks, bikeways, traffic control, and parking areas within the city’s jurisdiction shall be designed in accordance with the City of Austin’s Criteria Manual, the mobility master plan, the recreational trails system plan, and any City of Cedar Park applicable codes or ordinances.
(1) 
Street names cannot be duplicated within the same 911 calling area.
(2) 
Relationship to street system.
Streets of a new subdivision shall be in line with existing streets in adjoining property except when, in the opinion of the Planning and Zoning Commission, topography, requirements of traffic circulation or other considerations make it desirable to depart from such alignment.
(3) 
Street alignment.
To encourage lower motor vehicle speeds through residential neighborhoods, local residential streets shall be designed to avoid straight sections in excess of 800 feet in length and residential collector streets shall be designed to avoid straight sections in excess of 1,200 feet in length unless the Planning and Zoning Commission finds that there is no other reasonable alternative.
(4) 
Access to lots.
Each lot in a subdivision shall abut on an existing or proposed public or private street, except those lots meeting criteria set forth in section 12.12.010(c) lot arrangements regarding public utility facility lots, provided a perpetual access easement is dedicated to the lot at time of platting or prior to lot development.
(5) 
Street right-of-way widths.
Street right-of-way widths in subdivisions shall be in conformance with the Criteria Manual as adopted in the code of ordinances and shall in no event be less than fifty (50) feet for local streets, sixty (60) feet for collector streets and eighty (80) feet for thoroughfares and industrial streets. The full roadway row width shall be platted and dedicated adjacent to the full length and/or width of all lots in the subdivision at the time of platting of the lots. No voids may be left within the subdivision with the intent of avoiding responsibility for constructing roads or bridges, nor along the subdivision boundary to avoid connecting with adjacent subdivisions or roads.
(6) 
Street classification and characteristics.
(A) 
Local streets.
The purpose of a local street is to provide lot street frontage and carry traffic to a higher classification street. Because of its limited purpose, a local street generally carries an average daily traffic volume no greater than two thousand (2,000) vehicle trips. Local streets are divided into three subcategories: local-residential, local-nonresidential or local-rural. Unless approved by the Director of Development Services, a local street shall not connect to two separate higher classification streets or connect directly to arterial streets.
(B) 
Collector streets.
Collector streets are divided into two subcategories: local and major. The purpose of collector streets is to convey traffic from intersecting local streets and to expedite the movement of traffic to an arterial street or other collector street. A local collector street generally carries an average daily traffic volume of two thousand (2,000) to six thousand (6,000) vehicle trips. A major collector street generally carries an average daily traffic greater than six thousand (6,000) vehicle trips. Generally, major collector streets shall not permit on-street parking. A collector street may exceed one thousand four hundred (1,400) feet provided that no residential lots front the collector street, and the collector street shall not have any straight sections exceeding one thousand (1,000) feet.
(C) 
Arterial streets.
The purpose of an arterial street is to carry high volumes of through traffic. Arterial streets serve as a link between major activity centers within the urban area. Access is usually limited to intersections, multifamily developments and commercial driveways. All arterial streets are designated in the general plan. An arterial street shall not end as a cul-de-sac. Generally, arterial streets shall not permit on-street parking.
(7) 
Street names.
New streets in subdivisions shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the city and within the area of extraterritorial jurisdiction.
(8) 
Street signs.
Street signs may incorporate the city’s official logo.
(9) 
Speed limit signs.
Speed limit signs shall be placed throughout the subdivision as directed by the Director of Engineering or his/her designee and shall also be shown on the subdivision improvement plans.
(10) 
Street intersections.
Acute angles between streets in subdivisions at their intersection shall be avoided; provided, that when intersecting angles sharper than eighty (80) degrees are deemed necessary by the Planning and Zoning Commission, the property line in the small angle of the intersection shall be rounded so as to permit the construction of curbs having a radius of not less than twenty-five (25) feet without decreasing the normal width of the sidewalk area.
(11) 
Stub streets.
(A) 
A proposed subdivision or addition must provide access to adjacent land subdivided by stubbing appropriate streets to the boundaries of the proposed addition or subdivision. When the abutting land is platted, the developer shall integrate the stubbed streets into the existing traffic system of streets in a logical manner as well as continue the same street classification of the stub street. The developer shall present a schematic plan to demonstrate how the stub street will eventually extend through the adjacent property and connect with a collector or arterial roadway.
(B) 
Temporary paved turnarounds shall be provided at the end of stubbed streets which are more than one hundred fifty feet (150') long.
(12) 
Cul-de-sacs.
Except as provided herein, the maximum length of a cul-de-sac street shall be seven hundred fifty feet (750'), measured from the centerline of the nearest intersecting outlet street to the center point of the turnaround; except that a longer length may be allowed upon a recommendation by the fire department and if the Planning and Zoning Commission determines any of the following:
(A) 
That no secondary access can be reasonably provided to the portion of the subdivision which is to be served by the cul-de-sac;
(B) 
That limited access to the subdivision is due to a topographical condition on the property or a particular physical surrounding; or
(C) 
That the cul-de-sac is temporary and the road is planned to extend to the adjacent property.
(13) 
Curbing.
All streets shall have standard curbing and gutter except for the rural streets in the ETJ where ribbon curb is allowed. All raised medians and islands located within the street pavement shall be bordered by standard curb and gutter, unless otherwise approved by the Director of Engineering or his/her designee. All concrete curb and gutter shall be installed and constructed in accordance with all applicable city codes and ordinances.
(14) 
Curb Ramps.
(A) 
Curb ramps are required within a street right-of-way wherever a sidewalk or pedestrian route intersects with a curb. The design and construction of curb ramps shall be in accordance with the design and construction standards, and shall meet the Texas Accessibility Standards administered by the state department of licensing and regulation and the Americans with Disabilities Act of 1990, as amended.
(B) 
Whenever a sidewalk or pedestrian route crosses a raised median, the raised median shall be cut through level with the street, or shall have curb ramps at both median curbs plus a level area at least four (4) feet long between the curb ramps in the median.
(15) 
At-grade rail crossings.
Prior to the city’s acceptance of the subdivision improvements or prior to the issuance of a building permit, the developer of a proposed subdivision that includes a public at-grade rail crossing shall provide the city with written approval from Capital Metro stating that the rail crossing improvements have been designed and installed with adequate supplemental safety measures as required by the Federal Railroad Administration to establish a quiet zone.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20; Ordinance CO34.23.09.28.E1 adopted 9/28/2023)
(a) 
Sidewalks shall be provided and located on both sides of all streets within and immediately adjacent to a proposed development and shall be designed and constructed in accordance with the Texas Accessibility Standards administered by the Texas Department of Licensing and Regulation, Americans with Disabilities Act, Criteria Manual, Texas Accessibility Standards, and the City’s zoning ordinance, mobility master plan, and mobility master plan, as amended.
(b) 
The Director of Development Services or their designee may grant an administrative waiver for this sidewalk requirement if a rural subdivision comprised of three or fewer lots, or one single-family home on a single-family zoned lot, meets all of the following criteria:
(1) 
The roadway adjacent to the proposed development is existing and was constructed without raised curb and gutter;
(2) 
The existing roadway adjacent to the proposed development has no existing sidewalks on the lots on both sides of the proposed development along the same street frontage; and
(3) 
The proposed development has provided a minimum ten-foot (10') wide pedestrian easement along the frontage of the existing roadway on the proposed lot for which the waiver is being requested.
(c) 
Any requested variance to the sidewalk requirements of this section which is not eligible for a waiver by the Director of Development Services as described in subsection (b) must be approved by the Planning and Zoning Commission in accordance with section 12.12.023 variances for design standards.
(d) 
When the delay of sidewalk construction is deemed appropriate due to future right-of-way improvements, escrow funds in lieu of the construction of sidewalks may be approved by the Engineering Department. Such funds shall be escrowed with the City prior to the filing of the subdivision plat with the appropriate County Clerk’s office. If the tract has already been platted and filed, then the funds must be escrowed prior to final approval of a site plan. The escrow amount shall be determined by the square foot cost of constructing such sidewalk, as estimated by the Engineering Department.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18; Ordinance CO34.23.09.28.E1 adopted 9/28/2023)
(a) 
Hike and bike trails shall be constructed in accordance with the mobility master plan, as amended. Locations of such trails shall be consistent with the locations designated on the plan unless otherwise approved by the Director of Parks and Recreation or his/her designee. No development shall interrupt the future trail routes or otherwise hinder efficient public access to or from a trail.
(b) 
The location of trails within developments adjacent to major creeks or greenway trails recognized on the mobility master plan, as amended, must be approved by the Parks and Recreation Department prior to approval of a preliminary plan and/or final plat. Prior to submittal of the preliminary plan and/or final plat, the applicant must coordinate with the Parks and Recreation Department to walk and stake a designated location for the hike and bike trail. The location of the trail shall be specified on the preliminary plan and/or final plat as the approved location for the hike and bike trail.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18; Ordinance CO34.23.09.28.E1 adopted 9/28/2023)
(a) 
Concrete monuments in subdivisions shall be placed at all corners of boundary lines of subdivision and in any case not more than thirteen hundred (1,300) feet apart. Such monuments shall be eighteen (18) inches deep, except where rock is encountered within fourteen (14) inches of the surface, in which case such monuments shall be countersunk four (4) inches in such rock. The exact intersection point on the monument shall be marked by a copper pin one-fourth (1/4) inch in diameter embedded at least three (3) inches in the monument. The top of the monument shall be placed flush with the natural ground.
(b) 
Intermediate property corners, curve points and angle points shall be marked by iron stakes, not less than twelve (12) inches in length, driven flush with the ground or countersunk if necessary in order to avoid being disturbed.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Except where alleys of not less than twenty (20) feet in width are provided in a subdivision, easements for utilities and enclosed or open drainage ways not less than seven and one-half (7-1/2) feet in width shall be retained on each side of rear lot lines. Where deemed necessary by the Engineering Department, such easements not less than five (5) feet in width, on each side of side lot lines, shall be retained. Easements for any of such purposes shall be required across parts of lots other than as described above as deemed necessary by the Engineering Department. All such easements shall be so aligned as to permit construction of utilities therein at a minimum cost.
(b) 
A ten-foot wide public utility easement (PUE) is required adjacent to all street ROW on all lots.
(c) 
A five-foot wide PUE is required along each side lot line from the front property line to the front building line except where a side lot line is also the rear lot line of an adjacent lot in which case the 5-foot wide PUE is dedicated along the entire length of the side lot line.
(d) 
Easements; in areas adjoining proposed subdivisions.
When the Engineering Department finds that easements in areas adjoining a proposed subdivision are necessary to provide adequate drainage thereof or to serve such subdivision with utilities, the applicant shall obtain such easements.
(e) 
All existing and proposed easements, safety lanes, and rights-of-way shall be clearly indicated on the plat or plan, as well as an indication to the use of each easement or right-of-way.
(f) 
No permanent structure may be placed in or over any easement or right-of-way except a structure whose use and location are necessary to the designated use of the right-of-way or easement or which otherwise will not affect the use, maintenance or repair of such easement.
(g) 
Easements shall be established and dedicated for all public utility and drainage appurtenances, including common access areas, and other public uses requiring dedication of property rights.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
Except as provided otherwise in this section, the terms and provisions of the zoning ordinance establishing the minimum lot area, width, setback line, side yard and rear yard requirements for each zoning or use category are incorporated herein by reference. Such regulations and standards shall be applied to property within the city limits based upon the zoning of the property and to property within the extraterritorial jurisdiction based on the land use proposed by the applicant.
(b) 
Block lengths.
Residential blocks in subdivisions shall not exceed one thousand twelve hundred (1,200) [sic] feet in length nor be less than five hundred (500) feet in length. Commercial and industrial block lengths may be up to two thousand (2,000) feet in length; provided that the requirements of traffic circulation and utility services are met. A block shall be considered broken if at the preliminary plan phase, the dedication of an easement or right-of-way not less than ten (10) feet wide bisecting the center of any block in excess of eight hundred (800) feet in length is used to accommodate utilities, drainage facilities, and/or pedestrian access to greenbelts or park areas.
(c) 
The Planning and Zoning Commission may grant a block length variance if they determine that the proposed block length adequately meets the requirements of traffic circulation, utility service, and topography.
(d) 
Block widths.
Block widths in subdivisions shall be such as to allow for two (2) tiers of lots back to back, except where abutting a thoroughfare, to which access to the lots is prohibited, or where prevented by topographical conditions or size of the property.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plan. Use block numbers only when previously platted units of the same subdivision have numbered blocks.
(b) 
Blocks are to be numbered consecutively within the overall plan and/or sections of an overall plat.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Standard lot requirements.
(1) 
On the basis of the zoning district in which they lie and the use to which they are to be put, all lots or tract sizes must conform to the regulations of the zoning ordinance, including minimum area, width and depth, within the City limits.
(2) 
Irregular shaped lots shall have sufficient width at the building line to meet frontage requirements for the appropriate zoning district.
(3) 
The sidelines of lots in subdivisions shall be approximately at right angles to straight street lines or radial to curved street lines.
(4) 
Lot lines shall be arranged to avoid unusable areas such as long, narrow areas, sharp acute angles or flag lots.
(b) 
Flag lots.
(1) 
Flag lots are only allowed where:
(A) 
The proposed lot configuration is needed to abate an acute topographical condition or other unusual property accessibility constraint not created by the applicant;
(B) 
The proposed lot is located within the Development Reserve (DR) district or the Estate Residential (ES) district or for lots under two (2) acres within the City’s ETJ;
(C) 
The unusual adjacent property boundary configuration constrains the arrangement of an otherwise standard lot configuration; or
(D) 
Where any of the above items are present, the Development Services Director or their designee, may allow the proposed flag lot configuration, provided the following conditions are met:
(i) 
The proposed lot does not circumvent the normal platting of streets for public and emergency access;
(ii) 
The proposed lot does not prevent the extensions of streets to adjacent property;
(iii) 
The proposed lot width is not less than fifty (50) feet in width at its frontage connection with the adjacent public or approved private street; and
(iv) 
The narrow or elongated part of the proposed lot ‘pole’ does not exceed one hundred (100) ft. in length, measured from the connecting street frontage to where the lot widens into a ‘flag’ shape to receive a suitable building area where a building setback line shall be established; nor shall more than two (2) adjacent neck lots be connected.
(E) 
Where any of the foregoing requirements are not met, or a variance request is denied by the Development Services Director or their designee, the Planning and Zoning Commission may authorize a variance from these regulations pursuant to section 12.12.023 of this Chapter.
(c) 
Exception for public utility facilities.
Where a proposed lot shall be used exclusively as an unmanned utility facility primarily serving a public necessity as approved by the City and as reflected by a note on the recorded subdivision plat, these lots shall be exempt from the requirements of subsections (a) and (b) above.
(Ordinance CO33-14-03-06-C3 adopted 3/6/14; Ordinance CO36-18-08-09-E2 adopted 8/9/18)
Editor’s note–Former section 12.12.011 pertaining to lot sizes within the City limits and deriving from Ordinance CO42-07-07-12-3I adopted 7/12/07, was deleted in its entirety by Ordinance CO36-18-08-09-E2 adopted 8/9/18.
(a) 
For subdivisions located in the ETJ where each lot within the proposed subdivision will be served by a state commission on environmental quality (TCEQ) approved public water supply and will utilize individual on-site sewage facility methods for sewage disposal, shall provide for individual lots having surface areas of at least one (1) acre.
(1) 
Criteria.
A subdivision may be approved with rural standards if the following conditions are met:
(A) 
All lots shall be a minimum of one (1) acre;
(B) 
All lots shall have direct access to an approved public or private street or street right-of-way;
(C) 
All lots shall have a minimum twenty-five-foot front building setback;
(2) 
Standards.
(A) 
Streets may have either standard or ribbon curbs;
(B) 
Open channels may be utilized and shall be constructed in accordance with the drainage criteria manual;
(C) 
Sidewalks are required on one side of the street for all residential subdivisions comprised of four (4) lots or greater, for three (3) or fewer lots no sidewalks are required; and
(D) 
Streets shall be constructed in accordance with all applicable city codes and ordinances.
(b) 
For subdivisions located in the ETJ where each lot within the proposed subdivision will not be served by a TCEQ approved public water supply and will utilize individual on-site sewage facility methods for wastewater treatment, shall provide for individual lots having surface areas of at least two (2) acres.
(1) 
Criteria.
A subdivision may be approved with rural standards if the following conditions are met:
(A) 
All lots shall be a minimum of two (2) acres;
(B) 
All lots shall have direct access to an approved public or private street or street right-of-way;
(C) 
All lots shall have a minimum fifty-foot front building setback;
(2) 
Standards.
(A) 
Streets may have either standard or ribbon curbs;
(B) 
Open channels may be utilized and shall be constructed in accordance with the drainage criteria manual;
(C) 
Sidewalks are required on one side of the street for all residential subdivisions comprised of four (4) lots or greater, for three (3) or fewer lots no sidewalks are required; and
(D) 
Streets shall be constructed in accordance with all applicable city codes and ordinances.
(c) 
For subdivisions located in the ETJ and within a municipal utility district the following criteria shall apply:
(1) 
Criteria.
(A) 
All lots shall be a minimum of seven thousand four hundred (7,400) square feet;
(B) 
All lots shall have a minimum width of sixty-five (65) feet and a minimum depth of one hundred ten (110) feet;
(C) 
All lots shall have a minimum twenty-five-foot front building setback;
(D) 
All lots shall have a minimum five-foot side setback and a minimum fifteen-foot side setback if adjacent to a public or private street; and
(E) 
All lots shall have a minimum ten-foot rear setback.
(2) 
Standards.
(A) 
Streets shall have raised curb and gutter;
(B) 
Open channels shall not be utilized;
(C) 
Sidewalks are required on both sides of all streets located in the subdivision; and
(D) 
Streets shall be constructed in accordance with all applicable city codes and ordinances.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
Any plat containing private common areas, landscape lots, detention lots, water quality lots and other lots for which no residential or commercial development is proposed, shall be noted on the plat as such and accompanied by a restrictive covenant to be recorded and referenced on the plat defining the responsibilities of the owner for maintenance, taxation and the use allowed on the lot.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Each lot shall have a front twenty-five-foot front building setback line, which runs parallel to the property line.
(b) 
The front and rear building setback lines shall run between the side lot lines.
(c) 
The side building setback lines, and street side building setback lines for corner lots, shall extend from the front building setback line to the rear building setback line.
(d) 
The building setback line for each designated lot shall conform to the City’s zoning ordinance, as currently amended.
(e) 
For purposes of these regulations related to building setback lines, both opposing frontages of a double frontage lot are treated as the “front.” The building setback for the rear frontage (that is opposite of the front of the principle structure), or to which access is prohibited, shall only regulate the setback for the principle structure and shall not regulate the setback for covered porches or decks, swimming pools, accessory structures, etc. which, if within City limits, shall instead be regulated by the normal rear yard setback of the zoning ordinance.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a) 
For single-family, and town home lots, residential driveways are permitted on local streets and residential collector streets only. Residential driveways for double frontage lots and corner lots must be located on the lesser classification street. Driveways serving single-family or single-unit townhouse residences are not permitted on major or minor collectors or arterial streets unless the Director of Development Services determines no other access is possible.
(b) 
For multifamily and nonresidential lots, driveways are permitted on all streets; however, the driveways must have a minimum of 300 feet spacing between driveways and other streets on arterial roadways.
(c) 
Driveway construction shall be in accordance with the following:
(1) 
General principles.
(A) 
Driveways shall be located and designed with respect to both the public street and the on-site circulation to provide maximum safety and to minimize interference with street traffic. To ensure this, a traffic impact study may be required at the owner’s expense.
(B) 
The owner, successor or assigns shall do all work and pay all costs in connection with the construction of access driveways and their appurtenances on the right-of-way.
(C) 
Temporary or permanent nonpublic all-weather drive surfaces will be required at the beginning of construction for emergency access or turnaround for emergency vehicles.
(D) 
Driveway entrances must be able to accommodate all vehicle types having occasion to enter the site, including delivery vehicles.
(E) 
No single-family dwelling, condominium, townhouse, or duplex unit may take direct access to arterial streets if the property has alternative access. If it can only be accessed by an arterial street, then adequate on-site maneuvering space must be provided, as vehicles will not be allowed to back directly into these streets.
(F) 
Driveways shall not exceed seventy (70) percent of roadway frontage.
(2) 
Driveway types.
(A) 
Type I.
A concrete driveway approach designed and intended to serve as access from a roadway to a lot or parcel of land which is used for a single-family or townhome residence.
(B) 
Type II.
A concrete driveway approach designed and intended to serve as access from a roadway to a lot or parcel of land used for any development or purpose other than single-family or townhome residences.
(C) 
Type III.
A temporary asphalt driveway approach intended to provide vehicular access to a lot or parcel of land, such access being from a roadway not yet constructed to permanent lines and grades or a roadway not having curb and gutter. Driveways shall be reconstructed under type I or type II standards within sixty (60) days after construction of the abutting street to permanent line and grade with concrete curb and gutter. See tables below.
(3) 
Driveway design.
(A) 
All type II and III driveways on undivided arterial streets shall be designed to align with opposing streets or driveways or be offset by a minimum of one hundred twenty (120) feet (measured from edge to edge).
(B) 
All type II and III driveways on undivided collector streets shall be designed to align with opposing street or driveways or be offset by a minimum of eighty (80) feet (measured from edge to edge).
(C) 
All type II and III driveways on divided streets shall be designed to align with median breaks or be offset by a minimum of one hundred (100) feet (measured from the nose of the median to the nearest edge of the driveway).
(D) 
Alignment of driveways with opposing streets is discouraged for signalized intersections unless approved by the Director of Engineering Services or his/her designee. When such a design is approved, the driveway approach shall be constructed without an apron and the maximum driveway widths shown in the table below may be increased to match the cross-section of the opposing street.
(E) 
All adjacent and opposite corner clearance and commercial driveway spacing is determined by the functional classification of the street as prescribed in the TCM:
Type II Commercial Driveway Criteria
Driveway Type
Roadway Type
Local Street, Residential or Neighborhood Collector
Commercial or Industrial Collector
Primary Collector
Minor Arterial
Major Arterial
Major Corridor
Min
Max
Min
Max
Min
Max
Min
Max
Min
Max
Min
Max
One Way
 
 
 
 
 
 
 
 
 
 
 
 
Width
15(a)
20
15(a)
20
18(a)
25
18(a)
25(b)
18(a)
25(b)
-
-
Curb Return
 
 
 
 
 
 
 
 
 
 
 
 
Radius
10
25
15
25(c)
15
30(c)
20
30(c)
20
30(c)
-
-
Throat Length (d)
-
-
20
-
20
-
40
-
50
-
-
-
Distance Between Entry and Exit Drive
50
-
50
-
50
-
75
-
75
-
-
-
Driveway Spacing
50
-
75
-
100
-
150
-
200
-
-
-
Two-Way Undivided
 
 
 
 
 
 
 
 
 
 
 
 
Width
25
40
25
40
30
40
30
45
30
45
-
-
Curb Return Radius
10
25
15
25(c)
15
30(c)
20
30(c)
20
30(c)
-
-
Throat Length (d)
-
-
20
-
20
-
40
-
50
-
-
-
Driveway Spacing
50
-
75
-
100
-
150
-
200
-
300(f)
-
Two Way Divided
 
 
 
 
 
 
 
 
 
 
-
-
Width (each side of median) (e)
20
24
20
24
20
24
20
30
20
30
-
-
Curb Return Radius
15
25
15
25
15
25
20
30
20
30
-
-
Throat Length (d)
20
-
20
-
20
-
40
-
50
-
-
-
Median Width (e)
4
15
4
15
4
15
4
15
4
15
-
-
Median Length
10
-
10
-
10
-
20
-
20
-
-
-
Driveway Spacing
50
-
75
-
100
-
150
-
200
-
200(f)
-
(a)
Greater width may be required for fire department emergency access.
(b)
30-foot minimum width may be required on State highways.
(c)
Radius may be increased to 40 feet at driveways serving large trucks.
(d)
Distance from property line to first conflict point.
(e)
On State highways, State standards may vary from City standards.
(f)
All standards are per the street classification except as shown. The Director of Engineering may require an increased spacing length based on recommendations within a City-approved TIA, or based on AASHTO recommendations based on roadway speed.
(4) 
Single-family detached, driveway spacing (See also TCM):
(A) 
No driveway shall be constructed closer than fifty (50) feet or sixty (60) percent of parcel frontage, whichever is less, to the right-of-way of an intersecting local or collector street.
(B) 
No driveway shall be constructed closer than one hundred (100) feet or sixty (60) percent of parcel frontage, whichever is less, to the right-of-way of an intersecting arterial street.
(5) 
In the event that a particular parcel or parcels lack sufficient thoroughfare frontage to maintain the desirable spacings, the landowner/applicant has one of two options:
(A) 
They may seek a waiver from the Planning Director and the Director of Engineering for minimum spacing; or
(B) 
The adjacent landowners may agree to establish a common driveway. Common driveways shall meet the standards set forth in the TCM.
(d) 
For all driveways and new streets proposed on State roadways, an approval letter or permit is required from the Texas Department of (TxDOT) prior to plat approval.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
Signage and striping.
The developer shall design, install and pay all costs for traffic control signs and pavement striping. Traffic control signs and pavement striping shall conform to the accepted construction plans and to the most recent edition of the “Texas Manual of Uniform Traffic-Control Devices” a copy which is on file with the Engineering Department.
(b) 
Signalization.
The developer shall design, install and pay all costs for providing any required traffic signalization system identified in an approved TIA, including all related devices, conduits, wiring and junction boxes.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
Walls required.
Where subdivisions are platted so that the rear and/or side yards of residential lots are adjacent to a roadway identified as a major corridor, major or minor arterial or higher classification street, the developer shall construct, at his/her sole expense, walls along said rear and/or side yards and said street, in accordance with the standards set forth below in subsection (b). Where said lots are corner lots, the wall requirements of this section shall take precedence over corner lot fencing specifications regulated by Chapter 14 Site Development regulations of this Code.
(b) 
Standards.
It is intended that all walls erected pursuant to this section be constructed in such a manner to last thirty (30) years with minimal maintenance required during said period. All walls required by this section shall conform to the following minimum standards:
(1) 
Where applicable, materials and installation of walls shall comply with the most recent edition of “Selected ASTM Standards for Fence Materials and Products,” a copy of which shall be maintained by the Engineering Department and the Development Services Department. Structural plans and specifications for walls shall be approved by the Engineering Department. Such plans and specifications are to be submitted at the same time as other construction plans required by this Chapter. In approving said plans and specifications, the Engineering Department shall consider the site’s soil characteristics, wind loadings and other environmental considerations.
(2) 
Walls shall be constructed of the following materials: brick, stone, split-faced or decorative concrete masonry unit (CMU), decorative reinforced concrete or other equivalent materials approved by the Development Services Department, subject to the following:
(A) 
Wall pillars shall be constructed of masonry of sound structural integrity set in concrete with rebar support.
(B) 
Wall panels shall be constructed of brick, stone, split-faced or decorative concrete masonry unit (CMU), decorative reinforced concrete or other equivalent materials approved by the Development Services Department. Panels shall be top capped as determined by the Development Services Department
(3) 
Walls shall be eight (8) feet in height.
The materials, color and design of walls shall be uniform within the area of an approved preliminary plan, unless otherwise approved by the Development Services Department. A finished side of all walls shall face the thoroughfare.
(4) 
All walls shall be placed at least five (5) feet from any existing or proposed City water line.
(5) 
All walls required herein shall be placed on the lot or lots along the property line adjacent to the right-of-way.
(6) 
Should an active property owner’s association or homeowner’s association be in effect, it shall be the responsibility of the association to adequately maintain the fence and to prevent it from becoming unsightly or objectionable. Should an association no longer be active or default in its responsibility, it shall be the responsibility of any person, firm, or corporation who shall own or occupy any lot or lots on which a wall is constructed pursuant to the terms of this section to adequately maintain the wall and to prevent it from becoming unsightly or objectionable. The City shall not be responsible for the construction or maintenance of walls or fences required per this section.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
Sight obstruction standards for streets, alley corners and access points.
(1) 
All sight distance standards and criteria shall be in accordance with the TCM.
(2) 
It shall be unlawful for any person to place or maintain or cause or allow to be placed or maintained any plant, tree, fence, object or vehicle in such a position on a corner lot in the City such that a driver of a vehicle cannot see down the intersecting streets the distance specified in the TCM.
(3) 
This restriction shall not apply to traffic-control devices, street signs, fire hydrants, utility poles and any other utility-related equipment placed within such area by authority of the City Council.
(b) 
Obstruction of rights-of-way prohibited.
It shall be unlawful for any person to place, maintain, permit or cause to be placed or maintained any tree, shrub, or plant of any kind or vehicle of any kind on or across public right-of-way as to:
(1) 
Obstruct passage on or use of that area by the public.
(2) 
Create a hazard to persons using the right-of-way.
(3) 
Restrict drainage flow.
(c) 
All parts of any vehicles parked adjacent to a public street or other public right-of-way shall be parked entirely on private property, shall not extend into the public right-of-way and shall be in observance of sight obstruction standards. Curbs or guideposts shall be installed as necessary to prohibit vehicle parking in the public right-of-way.
(d) 
Sight obstruction standards for fire hydrants.
It shall be unlawful for any person to place or maintain any plant, tree, fence or object that would visually obstruct the location of a fire hydrant from the public right-of-way.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a) 
General principles.
(1) 
A TIA shall be submitted with a development plat, preliminary plan, final plat or replat when the subdivision or addition will generate one hundred (100) or more vehicle trips, inbound or outbound, during the peak hour. The analysis shall be performed for the most intense use permitted in the existing or proposed zoning district. A scoping meeting is required.
(2) 
The TIA shall be prepared in accordance with the recommended guidelines for traffic impact studies as issued by the Institute of of Engineers, a copy of which is maintained by the Engineering Department.
(3) 
The final plat or replat shall be prepared in conformance with the TIA and the preliminary plan.
(4) 
Approved TIA.
The developer must have a city-approved TIA prior to the approval of the final plat, if required.
(5) 
Off-site improvements.
If off-site improvements are required in the TIA, the improvements shall be installed and constructed in accordance with all applicable city codes and ordinances.
(6) 
Signage and striping.
If off-site signage and/or striping are required in the TIA, the signage and/or striping shall conform to all applicable city codes and ordinances.
(7) 
Signalization.
If off-site signalization is required in the TIA, the signalization shall be installed with all applicable city codes and ordinances.
(8) 
Preliminary plan, final plat and replat TIA.
The TIA submitted with a preliminary plan, final plat or a replat shall include any revisions to the TIA required for changes in the proposed development of the plat since the submission of the last TIA.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
General.
(1) 
Utilities shall be installed in accordance with this section.
(A) 
All new residential utility installations, including, but not limited to, electrical, gas, television and telephone/telecommunication, shall be placed underground.
(B) 
All new nonresidential utility installations, including but not limited to electrical, gas, television, and telephone/telecommunication, shall be placed underground where service is provided adjacent to public street or right-of-way. Where electrical service is provided from an alley or rear easement not located adjacent to a public street, primary electrical service may be provided overhead along the property line. Primary and secondary service routed on the site shall be placed underground.
(C) 
All new construction within the public street rights-of-way shall be located underground. Where a street is scheduled for reconstruction, new development may be required to provide an escrow of the difference between overhead and underground service.
(D) 
Nothing herein shall prevent temporary service during construction from being located overhead.
(E) 
New development shall assume responsibility for all expense related to the underground placement of utilities.
(F) 
Utility meters and other utility apparatus, including, but not limited to, transformers and switch boxes, shall be located to the rear of the structure unless adequately screened from view from public streets and adjoining properties and shall be suitable for access required for service and maintenance. Adequately screened from view shall include screening walls as well as the utilization of landscaping and other site elements.
(G) 
All required screening shall meet clearances required by affected utility companies and shall be suitable for access required for service and maintenance. Wall-mounted equipment, including meters (such as banks of electric meters on the rear or side wall of multitenant buildings), shall be screened from public streets by one of the following methods.
(i) 
Landscaping, including trees or evergreen shrubbery.
(ii) 
Masonry walls in conjunction with landscaping.
(iii) 
Wall-mounted screening devices, such as cabinets or partitions which are architecturally compatible with the building facade.
(H) 
Electrical transmission (59 or more kilovolts) may be located overhead.
(I) 
Existing overhead electrical, television, and/or telephone/telecommunication utilities located on the developing property or adjacent right-of-way shall be excluded from the requirement to be placed underground.
(2) 
When development along a major corridor, including relocating all existing aboveground utilities underground along all perimeter roads and alleys, all aboveground electrical and telephone support equipment including, but not limited to, transformers, amplifiers, and switching devices shall not be located in the right-of-way of the above-referenced major corridor.
(3) 
When development occurs outside the major corridor, no new aboveground utility support structures (poles) may be installed. When existing pole space is not available, all new electrical and communication utilities including but not limited to, transformers, amplifiers, and switching devices shall be placed underground or be pad-mounted at ground level.
(4) 
Groundmounted equipment shall not be placed in visibility, access and maintenance easements.
(5) 
The Director of Engineering, or their designee, may grant an exception to the requirements of this section if:
(A) 
Compliance with this section is not in the best interest of public safety; or
(B) 
The placement of utility lines is the result of an upgrade, reconstruction, or reconductoring of existing overhead facilities that is not associated with a specific development(s).
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a) 
General requirements.
(1) 
Lighting shall be nonflashing as to eliminate objectionable glare.
(2) 
Lighting shall be directed downward and be arranged so as to direct the light away from the adjacent property.
(3) 
Lighting shall not glare onto adjacent properties or streets[.]
(4) 
The light source shall not be visible.
(5) 
Lighting shall not negatively impact the site, building architecture or adjacent properties.
(6) 
The light source shall be completely concealed within an opaque housing and shall not be visible from the street or adjacent properties. In order to direct light downward and minimize the amount of light spill into the night sky and onto adjacent properties, all lighting fixtures shall be full cutoff fixtures.
(7) 
Lighting shall be oriented not to direct glare or illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
(8) 
Lighting fixtures shall not be more than twenty-five (25) feet in height within an on-site parking area.
(9) 
Lighting fixtures located within fifty (50) feet of any residential use shall not exceed fifteen (15) feet in height.
(10) 
Lighting fixtures shall be mounted in such a manner that the cone of light is contained on site and does not cross any property line of the site.
(11) 
Wall-mounted floodlamps/wall-packs internal to a site that are not visible from a public road or adjacent to residential or multifamily district may be of any design. Wall-mounted floodlamps/wall-packs visible from public roads and adjacent to any residential or multifamily use shall not be allowed.
(12) 
Fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the night sky.
(13) 
Architectural and landscaping lighting.
Outdoor lighting used to illuminate flags, statues, signs or other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, must use full cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated.
(b) 
Recreational facilities.
Any light source permitted by this Article may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:
(1) 
The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed eighty (80) feet from finished grade unless approved by the Development Services Committee as having no adverse effect or approved by the Planning and Zoning Commission as part of a variance request;
(2) 
All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices);
(3) 
The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area;
(4) 
Lighting shall be shielded so as to cast no direct light on adjacent properties;
(5) 
Nonconforming fixtures lighting sports fields may be replaced or otherwise changed on an individual/small cluster basis with new nonconforming fixtures; however, when all the fixtures are upgraded or otherwise changed, the fixtures must be brought into compliance with the requirements of this Chapter;
(6) 
All stadium and other sports arena lights used for the illumination of the playing area must be extinguished by 10:00 p.m. or immediately after the conclusion of the final event. No new event, activity, or game may start after 10:00 p.m. The remainder of the facility lights, except for reasons of security, must be extinguished at 10:00 p.m. or within one hour after the final event;
(7) 
Lighting shall be shielded so as to cast no direct light on adjacent properties; and
(8) 
Any stadium-lit outdoor facility shall be located a minimum of two hundred (200) feet from any residential use.
(c) 
Prohibited light sources.
(1) 
Neon light sources that blink or flash.
(2) 
Cobra-head-type fixtures having dished or drop lenses or refractors which house other than incandescent sources.
(3) 
Searchlights and other high-intensity narrow-beam fixtures.
(4) 
Lighting fixtures that have flashing, rotating, moving, pulsing or alternating colored sources except between Thanksgiving Day and January 15th
(5) 
Laser source light.
The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
(6) 
Searchlights.
The operation of searchlights for advertising purposes is prohibited.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a) 
General tree survey standards.
The plat shall include a survey not older than 2 years old of all hardwood trees six (6) caliper inches and larger (measured four-and-one-half feet above ground level), and shall include all tree locations, caliper inches and types. The plat is not required to show the crown area. Trees shall be represented by circles using the formula of one foot of radius for every one (1) inch of trunk caliper. Unbroken circles shall indicate trees that will remain and dashed circles shall indicate trees proposed for removal.
(1) 
Tree surveys must be as accurate as possible, but need not be certified. Levels of inaccuracy, which will result in a failure to comply with the City tree preservation, design criteria and construction specifications may necessitate new surveys and plan adjustments either prior to permit approval or project release.
(2) 
For small areas with few trees, taping the distance to the center of the trunk from two (2) known points is a viable option. For large, tree-covered sites, using a total station survey system from a platform elevated above the tree line may be the most practical method.
(3) 
Caliper inches of existing trees are measured at four-and-one-half (4-1/2) feet above grade. If the tree is on a slope, measure from the high side of the slope. Measure above or below unusual swells in the trunk.
(A) 
To determine the caliper inch of a multitrunk tree, measure all the trunks; add the total caliper inch of the largest trunk to one-half (1/2) the caliper inch of each additional trunk. A multitrunk tree is differentiated from individual trees growing from a common root stock if there is a visible connection between the trunks aboveground.
(B) 
Caliper inch measurements should be accurate to the nearest one-half (1/2) inch. This data is used in the determination of tree significance and replacement value (if necessary).
(C) 
Trees may be measured with a caliper, cruise stick, standard tape measure or diameter tape.
(D) 
Trees defined by their size and location as protected trees shall be noted as such and measured as shown:
(4) 
Tree types should be accurate to the species level (e.g., post oak, Spanish oak, cedar, elm, etc.). Tree types may be listed by common names or botanical names. Additional information which would greatly aid project designers and reviewers in their efforts would include crown configuration, crown clearance, condition, and tree number.
(5) 
If there is an area which is known at the time of the survey to be on the project site or easement but outside the buildable area, a limit-of-construction line may be established. Trees beyond this line need not be surveyed provided the following conditions are met:
(A) 
The limits of construction must be fenced throughout all phases of construction.
(B) 
A general description of the numbers, types and sizes of trees in the area beyond the limits of construction must be provided as a plan note.
(6) 
The standard tree graphics discussed below are important to provide consistent information in the most useful format for efficient plan review.
(A) 
The trunk location on the plan must represent the center of the trunk at ground level in the field. If the tree leans substantially above that point, show the direction of the lean with an arrow. For example, an oak tree with a trunk caliper measuring fifteen (15) inches would be represented to scale on plans with a fifteen-foot circle.
(B) 
Trees are to be represented on plans by a concentric circle centered on the trunk location, with a diameter equal in feet to twice the number of inches of the tree’s trunk caliper inches.
(i) 
The area within the circle is referred to as the critical root zone (CRZ). The CRZ is used by plan reviewers to determine compliance with design standards and construction specifications.
(ii) 
A circle is graphically efficient to produce and represents the most likely configuration of a tree’s root pattern even when the crown is skewed or one sided. The ratio of circle diameter to trunk caliper inch is based on typical dripline distances noted on open grown trees with full crowns. The dripline standard for critical root zone area is being used as a practical meter despite the fact that a tree’s roots often extend two (2) to three (3) times beyond the dripline.
(iii) 
Trees proposed to be retained are to be represented by a solid circle. Trees proposed to be removed are to be represented by a dashed circle.
(iv) 
Trees proposed to be planted are to be graphically differentiated from existing trees.
(C) 
Tree caliper inches and types shall be shown on the plan. This information should be shown adjacent to each trunk location.
(D) 
For very large sites with many trees, this data may be shown in legend form referenced by a tree number adjacent to each trunk location subject to the following restrictions:
(i) 
Legends must be shown on the plan sheets on which the corresponding trees appear; or
(ii) 
Legends may be submitted in book format for review purposes, but the legend [sic]
(b) 
Tree preservation design criteria.
(1) 
Critical root zone impacts.
A tree’s root system ranges well beyond the dripline. The critical root zone (CRZ) has been established to set a practical limit beyond which any loss of roots would not have a significant impact on a tree’s survival. Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone. Weighing this fact with what appears to be an acceptable degree of risk to most trees, the following minimum design criteria (maximum allowable impacts) have been established:
(A) 
A minimum of fifty percent (50%) of the critical root zone shall be preserved at natural grade, with natural ground cover.
(B) 
No cut or fill greater than four (4) inches shall be located closer to the tree trunk than one half (1/2) the CRZ radius distance.
(C) 
This standard requires that construction impacts associated with various design features be considered. For example, the installation of a curb typically requires excavation of two (2) feet behind the back of curb. In such a case, the line of impact on the CRZ will be two (2) feet behind the curbline shown on the plan.
(2) 
In order to assure that the remaining root zones are adequately preserved, project designers should show the tree protection fence locations on plans for those trees with CRZ infringements.
(3) 
The following is the minimum design criteria (maximum allowable impact) for tree crowns:
(A) 
A maximum of thirty percent (30%) of the viable portion of a tree’s crown may be removed.
(B) 
Construction methods must also be considered when implementing this design standard. For example, a building wall may only require the removal of thirty percent (30%) of the crown, but the scaffolding necessary to construct the building may require the removal of another twenty percent (20%) of the crown.
(4) 
These criteria represent minimum standards for determining whether or not a tree is “preserved.” Greater impacts may be allowed, provided that all design alternatives have been proven unfeasible and that some acceptable form of mitigation such as a remedial care program is negotiated. Conversely, some cases may require that a larger area of root zone be preserved to increase the survival potential of particularly significant trees.
(5) 
These design criteria are enforced in the field as well as on the plan. Plan adjustments made during construction must be reviewed and approved by the Director of Development Services, or their designee.
(6) 
Fifty percent (50%) of the existing number of trees or total caliper inches of trees on site that are eight-inch caliper or greater and are from species included in the preferred plant list or of equivalent value shall be retained and protected.
(7) 
The existing hardwood trees surveyed between 6" and 7.9" and retained on site may count toward the site tree cover and mitigation of heritage and protected trees, pursuant to subsection (c) and (d), herein as amended, at a ratio of 0.5:1.
(c) 
Preservation of protected trees.
(1) 
General requirements.
(A) 
Except as otherwise provided in subsection (2) or in accordance with subsection (1)(B) of this section, it is unlawful to remove a protected tree without written approval of the Director of Development Services, or their designee.
(B) 
Preliminary plans and site development plans depicting any protected trees shall be submitted to the Director of Development Services, or their designee for evaluation and recommendation for administrative approval or, when required, submission to the Planning and Zoning Commission. Final approval of the final plat or site plan constitutes an approval for removal of a protected tree, provided it is specifically identified on the plat or site plan as being removed with the development and provided that each such removal is specifically reviewed and approved by the Director of Development Services, or their designee.
(C) 
The location of all proposed buildings and improvements shall be oriented by the applicant, to the greatest extent in a manner which allows for the preservation of protected trees.
(D) 
In the case of new development, any mitigation or contribution required under this section shall be satisfied prior to issuance of a final certificate of occupancy or commencement of permanent utilities.
(E) 
All pruning must be performed by an International Society of Arboriculture (ISA) certified arborist, or under the direct supervision of an ISA certified arborist, and must follow the American National Standards Institute (ANSI) A300 standards.
(2) 
Exceptions.
A protected tree may be removed without an application only if the protected tree is damaged by a natural disaster such as a tornado, storm, flood or other act of God, and presents an immediate hazard that endangers public health, welfare or safety, then no application shall be required for removal of only the hazardous portion of the tree, provided that the removal is effected in a timely manner so as to maintain the integrity and vigor of the tree and the owner preserves and forwards to the Director of Development Services, or their designee documentation of the damage, which shall include photographs of any damage.
(3) 
Application requirements.
(A) 
Application for the removal of a protected tree located on public property or in any public street, alley, right-of-way, or easement shall be made by any City department or any public utility or political subdivision of the State with authority to install utility lines or other public facilities in or above the property, street, alley, right-of-way or easement on which such tree is located, or by the owner of real property abutting upon the site of the tree or its crown.
(B) 
Application for the removal of a protected tree located on privately owned property shall be made by the owner of the property on which such tree is located, except that an appropriate City official may make application on behalf of the owner of the property on which the tree is located to remove a tree that constitutes a hazard to the safety of persons or property, or that is seriously diseased.
(C) 
The application shall be via the City’s protected tree removal application form, signed by the applicant or their authorized representative, and submitted to the Director of Development Services, or their designee.
(D) 
Upon receipt of a completed application for removal of a protected tree, the Director of Development Services, or their designee shall inspect the subject tree and shall approve or deny the request within a period of ten (10) working days. The Director of Development Services, or their designee shall promptly send written notice of such approval or denial to the applicant.
(E) 
The Director of Development Services, or their designee shall not approve a protected tree removal application unless such removal is within the spirit and intent of this Article and:
(i) 
The City or the State department of transportation determines the protected tree is located in a sight triangle or clear zone of a public street;
(ii) 
The Director of Development Services, or their designee determines the protected tree to be dead, dying, or diseased and either:
a. 
It constitutes a hazard to life or property which cannot reasonably be mitigated without removal of the tree; or
b. 
Its restoration to sound condition is not practicable or its disease is reasonably transmittable and expected to endanger the health of other trees;
(iii) 
The protected tree is located on or within twenty (20) feet of an area that will be used for a building, recreation area, roadway, public street, alley, or right-of-way, drainage right-of-way, public access easement, or utility easement;
(iv) 
The protected tree would deprive the applicant of the reasonable use and enjoyment of their single-family residential property; or
(v) 
The protected tree would deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(F) 
If a protected tree removal is approved pursuant to the provisions of this subsection, the applicant must comply with all applicable provisions of this section, including mitigation.
(G) 
Approval for removal of a protected tree shall remain valid for the shorter of:
(i) 
The period stated on the Director of Development Services, or their designee written approval issued pursuant to this section or on a final plat, site development plan, or alternative landscape plan approved pursuant to this Article; or
(ii) 
The minimum period allowable by law.
(4) 
Mitigation; on-site.
(A) 
Upon approval of protected tree removal application, the applicant shall, no later than thirty (30) days from the date of approval of the application, submit a mitigation plan showing the proposed type, location, and irrigation plan for the proposed replacement trees.
(B) 
The mitigation plan must provide for planting of replacement shade/canopy trees at a 1:1 ratio for each protected tree that is 8" to 18.9" caliper inch and will be removed.
(C) 
The mitigation plan must provide for planting of replacement shade/canopy trees at a 2:1 ratio for each protected tree that is 19" to 25.9" caliper inch and will be removed.
(D) 
No replacement trees shall be planted until the Director of Development Services, or their designee has reviewed and approved the mitigation plan.
(E) 
Replacement trees shall comply with the preferred plant list of this Article.
(F) 
Transplanting of protected trees.
Protected trees can be transplanted to a suitable location on the same property or off site, without the requirement of further mitigation, if the applicant complies with the generally accepted transplanting methods of the American National Standards Institute (ANSI A300 Standards) and the tree survives for a period of at least two (2) years.
(G) 
No mitigation required.
The mitigation provisions of this section shall not be required under the following circumstances:
(i) 
For the removal of a protected tree located in a sight triangle or clear zone of a public street, as confirmed by the City or the state department of transportation;
(ii) 
For the removal of any protected tree the Director of Development Services, or their designee determines to be dead, dying, or diseased and hazardous, unlikely to recover, or reasonably expected to endanger the health of other trees;
(iii) 
For the removal of a protected tree that is located in a dedicated public right-of-way or that would otherwise deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(H) 
Maintenance.
If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after issuance of the certificate of occupancy, the owner of the property shall replace the trees within six (6) months.
(5) 
Mitigation; off-site or cash in lieu.
If the Director of Development Services, or their designee determines that mitigation for protected tree removal by replanting trees on site is not feasible, e.g., planting capacity has been reached on site, the Director of Development Services, or their designee may approve:
(A) 
Planting the same number and type of replacement trees required under this subsection (c)(4), as amended, in a City park or other designated area;
(B) 
Payment into the tree fund of $150.00 per caliper inch at a ratio of 1:1 for removal of protected trees that are 8" to 18.9";
(C) 
Payment into the tree fund of $300.00 per caliper inch at a ratio of 2:1 for removal of protected trees that are 19" to 25.9";
(D) 
Some reasonable combination of such off-site mitigation and payment.
(6) 
Preservation incentives.
If removal of a protected tree is proposed due to efforts to comply with other provisions of this code, the applicant may request that the Parks Director, Director of Engineering, and Director of Development Services, after consultation with the Director of Development Service, or their designee, consider the following preservation incentives in exchange for the nonremoval and preservation of the protected tree:
(A) 
Parking space reductions.
Reduction in the minimum parking requirements as necessary to save and/or properly protect a protected tree.
(B) 
Sidewalks.
Modification to sidewalks, their location and possibly the width and curb requirements as necessary to facilitate protecting a protected tree.
(C) 
Landscape credits.
The actual tree canopy of a protected tree may be credited toward the requirements of section 14.07.011 of this Code; however, any credits earned will not count towards replacement credits of any other protected tree in the event a subsequent protected tree removal application is approved for the same project.
(D) 
Parkland dedication credit.
The parkland dedication requirement for a residential subdivision may be reduced up to five (5) dwelling units for each protected tree saved, provided that the protected tree saved is located on public parkland, private parkland, or open space.
(7) 
Protected tree protection during construction.
(A) 
Prior to the commencement of any development, a tree protection fence constructed of approved materials shall encompass the CRZ of any protected tree. Said tree protection fence must be maintained throughout the construction process.
(B) 
During construction, no materials including but not limited to excess soil, vehicles, equipment, liquids, trash, or construction debris may be placed inside of the tree protection fence, nor shall the tree protection fence be altered in any way so as to increase the encroachment of the construction.
(C) 
Excavation, grading, soil deposit, impervious covering, drainage and leveling within the CRZ of protected trees is prohibited unless approved by the Director of Development Services, or their designee. Any impervious cover proposed within the CRZ of a protected tree will be reviewed on a case-by-case basis by the Director of Development Services, or their designee upon field inspections and or plan reviews. In any case, generally no more than 25% of the CRZ of any protected tree can be covered with impervious cover. Any protective fencing being used around heritage trees may only be reduced while impervious cover activity is being done. The remainder of the protective fencing must stay intact for the duration of the project.
(D) 
Disposal or depositing of oil, gasoline, chemicals, paints, solvents or other materials is prohibited within the CRZ of protected trees.
(E) 
The attachment of wires, signs and ropes to any protected tree is prohibited.
(F) 
The location of utility service and irrigation lines inside the CRZ of protected trees is only allowed when approved by the Director of Development Services, or their designee. If boring is used to provide underground utility access, the minimum length of the bore shall be the width of the tree’s mature canopy. The minimum depth of the bore shall be specified by the Director of Development Services, or their designee, but in no event be less than 24" below the natural grade existing prior to any development activity within the CRZ.
(G) 
Soil disturbance or other injurious and detrimental activity within the CRZ of protected trees is prohibited.
(H) 
At applicant’s expense, an ISA certified arborist or their employee(s) shall be present whenever activities occur which will pose a potential threat to the health of the protected tree such as pruning, or whenever any work needs to be done within the CRZ of such tree.
(I) 
The applicant shall notify the Director of Development Services, or their designee whenever any damage or injury occurs to a protected tree during construction so that proper treatment may be administered.
(8) 
Violations; penalties.
(A) 
Any person intentionally, knowingly, or negligently causes damage to a protected tree shall be required to take such steps as may be required by the Director of Development Services, or their designee to assure the future vitality of the tree, including costs of chemical or other types of treatment and/or construction of protective barriers, or if the Director of Development Services, or their designee determines that the damaged protected tree is no longer reasonably sustainable, the person shall be required to replant replacement trees at two (2) times the amount specified in subsection (c)(4), as amended, and shall pay a civil penalty in the amount of $1,000.00 for each protected tree that was damaged.
(B) 
Any person who intentionally, knowingly, or negligently removes a protected tree in violation of this Article shall be required to replant replacement trees at two (2) times the amount specified in subsection (c)(4), as amended, and shall pay a civil penalty into the tree fund in the amount of $1,000.00 for each protected tree that was removed.
(C) 
If the Director of Development Services, or their designee, determines that the on-site replacement required by this subsection is not feasible, the Director of Development Services, or their designee, may approve either:
(i) 
Planting replacement trees from the selection specified in the preferred plant list at two (2) times the amount specified in subsection (c)(4), as amended in a City park or other designated area;
(ii) 
Payment of two (2) times the amount specified in subsection (c)(5), as amended inch of protected tree removed into the tree fund; or
(iii) 
Some reasonable combination of such off-site replacement and payment, as determined by the Director of Development Services, or their designee.
(d) 
Preservation of heritage trees.
(1) 
General requirements.
(A) 
Except as otherwise provided in subsection (2) or in accordance with subsection (1)(B) of this section, it is unlawful to remove or prune a heritage tree without written approval of the Director of Development Services, or their designee.
(B) 
Preliminary plans and site development plans depicting any heritage trees shall be submitted to the Director of Development Services, or their designee for evaluation and recommendation for administrative approval or, when required, submission to the Planning and Zoning Commission. Final approval of the final plat or site plan constitutes an approval for removal or pruning of a heritage tree, provided it is specifically identified on the plat or site plan as being removed with the development and provided that each such removal is specifically reviewed and approved by the Director of Development Services, or their designee.
(C) 
The location of all proposed buildings and improvements shall be oriented by the applicant, to the greatest extent in a manner which allows for the preservation of heritage trees.
(D) 
In the case of new development, any mitigation or contribution required under this section shall be satisfied prior to issuance of a final certificate of occupancy or commencement of permanent utilities.
(E) 
All pruning must be performed by an International Society of Arboriculture (ISA) certified arborist, or under the direct supervision of an ISA certified arborist, and must follow the American National Standards Institute (ANSI) A300 standards.
(2) 
Exceptions.
A heritage tree may be removed or pruned without an application only under the following circumstances:
(A) 
Hazardous condition.
If a heritage tree is damaged by a natural disaster such as a tornado, storm, flood or other act of God, and presents an immediate hazard that endangers public health, welfare or safety, then no application shall be required for removal or pruning of only the hazardous portion of the tree, provided that the removal or pruning is effected in a timely manner so as to maintain the integrity and vigor of the tree and the owner preserves and forwards to the Director of Development Services, or their designee documentation of the damage, which shall include photographs of any damage.
(B) 
City, public utilities, and governmental entities.
Pruning the canopy of heritage trees may be carried out by the City, public utility, governmental entity, or political subdivision of this State without an application if performed by an International Society of Arboriculture (ISA) certified arborist or under the direct supervision of an ISA certified arborist.
(3) 
Application requirements.
(A) 
Application for the removal or pruning of a heritage tree located on public property or in any public street, alley, right-of-way, or easement shall be made by any City department or any public utility or political subdivision of the State with authority to install utility lines or other public facilities in or above the property, street, alley, right-of-way or easement on which such tree is located, or by the owner of real property abutting upon the site of the tree or its crown.
(B) 
Application for the removal or pruning of a heritage tree located on privately owned property shall be made by the owner of the property on which such tree is located, except that an appropriate City official may make application on behalf of the owner of the property on which the tree is located to remove a tree that constitutes a hazard to the safety of persons or property, or that is seriously diseased.
(C) 
The application shall be via the City’s protected tree removal application form, signed by the applicant or their authorized representative, and submitted to the Director of Development Services, or their designee.
(D) 
Upon receipt of a completed application for heritage tree removal or pruning, the Director of Development Services, or their designee shall inspect the subject tree and shall approve or deny the request within a period of ten (10) working days. The Director of Development Services, or their designee shall promptly send written notice of such approval or denial to the applicant.
(E) 
The Director of Development Services, or their designee shall not approve a heritage tree removal or pruning application unless such removal or pruning is within the spirit and intent of this Article and:
(i) 
The City or the State department of transportation determines the heritage tree is located in a sight triangle or clear zone of a public street;
(ii) 
The application seeks approval for pruning of thirty (30) percent or less of a heritage tree’s viable crown;
(iii) 
The Director of Development Services, or their designee determines the heritage tree to be dead, dying, or diseased and either:
a. 
It constitutes a hazard to life or property which cannot reasonably be mitigated without removal or pruning of the tree; or
b. 
Its restoration to sound condition is not practicable or its disease is reasonably transmittable and expected to endanger the health of other trees;
(iv) 
The heritage tree is located on or within twenty (20) feet of an area that will be used for a building, recreation area, roadway, public street, alley, or right-of-way, drainage right-of-way, public access easement, or utility easement;
(v) 
The heritage tree would deprive the applicant of the reasonable use and enjoyment of their single-family residential property; or
(vi) 
The heritage tree would deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(F) 
If a heritage tree removal application is approved pursuant to the provisions of this subsection, the applicant must comply with all applicable provisions of this section, including mitigation.
(G) 
Approval for removal of a heritage tree shall remain valid for the shorter of:
(i) 
The period stated on the Director of Development Services, or their designee’s written approval issued pursuant to this section or on a final plat, site development plan, or alternative landscape plan approved pursuant to this Article; or
(ii) 
The minimum period allowable by law.
(4) 
Mitigation; on-site.
(A) 
Upon approval of heritage tree removal application, the applicant shall, no later than thirty (30) days from the date of approval of the application, submit a mitigation plan showing the proposed type, location, and irrigation plan for the proposed replacement trees.
(B) 
The mitigation plan must provide for planting of replacement shade/canopy trees at a ratio of 3:1 for each heritage tree removed.
(C) 
No replacement trees shall be planted until the mitigation plan has been approved by the Director of Development Services, or their designee.
(D) 
Replacement trees shall comply with the preferred plant list of this Article.
(E) 
Transplanting of heritage trees.
Heritage trees can be transplanted to a suitable location on the same property or off site, without the requirement of further mitigation, if the applicant complies with the generally accepted transplanting methods of the American National Standards Institute (ANSI A300 Standards) and the tree survives for a period of at least two (2) years.
(F) 
No mitigation required.
The mitigation provisions of this section shall not be required under the following circumstances:
(i) 
For the removal of a heritage tree located in a sight triangle or clear zone of a public street, as confirmed by the City or the State department of transportation;
(ii) 
For the removal of any heritage tree the Director of Development Services, or their designee determines to be dead, dying, or diseased and hazardous, unlikely to recover, or reasonably expected to endanger the health of other trees;
(iii) 
For pruning of thirty (30) percent or less of a heritage tree’s viable crown; or
(iv) 
For the removal of a heritage tree that is located in a dedicated public right-of-way or that would otherwise deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(G) 
Maintenance.
If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after issuance of the certificate of occupancy, the owner of the property shall replace the trees within six (6) months.
(5) 
Mitigation; off-site or cash in lieu.
If the Director of Development Services, or their designee determines that mitigation for heritage tree removal by replanting trees on site is not feasible, e.g., planting capacity has been reached on site, an applicant may choose one of the following alternatives in lieu of replanting on site:
(A) 
Planting the same number and type of replacement shade/canopy trees required under subsection (d)(4), as amended, in a City park or other designated area;
(B) 
Payment into the tree fund of $450.00 per caliper inch at a ratio of 3:1 for removal of heritage trees 26" and above.
(C) 
Some reasonable combination of such off-site mitigation and payment.
(6) 
Preservation incentives.
If removal of a heritage tree is proposed due to efforts to comply with other provisions of this code, the applicant may request that the Parks Director, Director of Engineering, and Director of Development Services, after consultation with the Director of Development Services, or their designee, consider the following preservation incentives in exchange for the nonremoval and preservation of the heritage tree:
(A) 
Parking space reductions.
Reduction in the minimum parking requirements as necessary to save and/or properly protect a heritage tree.
(B) 
Sidewalks.
Modification to sidewalks, their location and possibly the width and curb requirements as necessary to facilitate protecting a heritage tree.
(C) 
Landscape credits.
The actual tree canopy of a heritage tree may be credited toward the requirements of section 14.07.011 of this Code; however, any credits earned will not count towards replacement credits of any other heritage tree in the event a subsequent heritage tree removal application is approved for the same project.
(D) 
Parkland dedication credit.
The parkland dedication requirement for a residential subdivision may be reduced up to five (5) dwelling units for each heritage tree saved, provided that the heritage tree saved is located on public parkland, private parkland, or open space.
(7) 
Heritage tree protection during construction.
(A) 
Prior to the commencement of any development, a tree protection fence constructed of approved materials shall encompass the CRZ of any heritage tree. Said tree protection fence must be maintained throughout the construction process.
(B) 
During construction, no materials including but not limited to excess soil, vehicles, equipment, liquids, trash, or construction debris may be placed inside of the tree protection fence, nor shall the tree protection fence be altered in any way so as to increase the encroachment of the construction.
(C) 
Excavation, grading, soil deposit, impervious covering, drainage and leveling within the CRZ of heritage trees is prohibited unless approved by the Director of Development Services, or their designee. Any impervious cover proposed within the CRZ of a heritage tree will be reviewed on a case-by-case basis by the Director of Development Services, or their designee upon field inspections and/or plan reviews. In any case, generally no more than 25% of the CRZ of any heritage tree can be covered with impervious cover. Any protective fencing being used around heritage trees may only be reduced while impervious cover activity is being done. The remainder of the protective fencing must stay intact for the duration of the project.
(D) 
Disposal or depositing of oil, gasoline, chemicals, paints, solvents or other materials is prohibited within the CRZ of heritage trees.
(E) 
The attachment of wires, signs and ropes to any heritage tree is prohibited.
(F) 
The location of utility service and irrigation lines inside the CRZ of heritage trees is only allowed when approved by the Director of Development Services, or their designee. If boring is used to provide underground utility access, the minimum length of the bore shall be the width of the tree’s mature canopy. The minimum depth of the bore shall be specified by the Director of Development Services, or their designee, but in no event be less than 24" below the natural grade existing prior to any development activity within the CRZ.
(G) 
Soil disturbance or other injurious and detrimental activity within the CRZ of heritage trees is prohibited.
(H) 
At applicant’s expense, an ISA certified arborist or their employee(s) shall be present whenever activities occur which will pose a potential threat to the health of the heritage tree such as pruning, or whenever any work needs to be done within the CRZ of such tree.
(I) 
The applicant shall notify the Director of Development Services, or their designee whenever any damage or injury occurs to a heritage tree during construction so that proper treatment may be administered.
(8) 
Violations; penalties.
(A) 
Any person intentionally, knowingly, or negligently causes damage to a heritage tree shall be required to take such steps as may be required by the Director of Development Services, or their designee to assure the future vitality of the tree, including costs of chemical or other types of treatment and/or construction of protective barriers, or if the Director of Development Services, or their designee determines that the damaged heritage tree is no longer reasonably sustainable, the person shall be required to replant replacement trees at two (2) times the amount specified in subsection (d)(4), as amended, and shall pay a civil penalty in the amount of $1,000.00 for each heritage tree that was damaged.
(B) 
Any person who intentionally, knowingly, or negligently removes a heritage tree in violation of this Article shall be required to replant replacement trees at two (2) times the amount specified in subsection (d)(4), as amended, and shall pay a civil penalty in the amount of $1,000.00 into the tree fund for each heritage tree that was removed.
(C) 
If the Director of Development Services, or their designee, determines that the on-site replacement required by this subsection (d) is not feasible, the Director of Development Services, or their designee, may approve either:
(i) 
Planting replacement trees from the selection specified in the preferred plant list at a caliper ratio of two (2) times the amount specified in subsection (d)(4), as amended the same number and type of replacement trees required under this subsection in a City park or other designated area;
(ii) 
Payment into the tree fund of two (2) times the amount specified in subsection (d)(5), as amended caliper inch of heritage tree removed; or
(iii) 
Some reasonable combination of such off-site replacement and payment, as determined by the Director of Development Services, or their designee.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
The Planning and Zoning Commission may grant a variance from the regulations of this Article if it finds that all of the following are met:
(1) 
There are special conditions unique to the property, such as lot size, shape, orientation, topography, or other physical features, that are not generally characteristic of other properties in the area;
(2) 
Due to these special conditions, strict application of this section would deprive the applicant of reasonable use of the property and result in an undue hardship;
(3) 
The undue hardship is not self-induced or created by the applicant, nor is it strictly pecuniary/financial;
(4) 
The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;
(5) 
Granting of the variance will not be contrary to the public interest or detrimental to the public health, safety or welfare;
(6) 
Granting of the variance will not have the effect of preventing the orderly development of the applicant’s land and/or land in the vicinity in accordance with the provisions of this Chapter; and
(7) 
Granting of the variance would be within the spirit of this Chapter and would result in substantial justice.
(b) 
In granting a variance, the Planning and Zoning Commission may impose such additional conditions if necessary and desirable in the public interest.
(c) 
Such findings of the Planning and Zoning Commission, together with the specific facts upon which findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such variance is granted.
(d) 
All requested variances from this Chapter shall be made to the Development Services Department in writing at least thirty (30) working days prior to the date on which consideration is to be given by the Planning and Zoning Commission.
(e) 
The Planning and Zoning Commission shall hold at least one public hearing on each application:
(1) 
Written notice of all public hearings on proposed variances shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail.
(2) 
Notice of all public hearings on proposed variances shall also appear in the local newspaper of general circulation within not less than ten (10) days before such hearing is held.
(f) 
Positive action by the Planning and Zoning Commission shall be recorded in the County Clerk’s office.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
If the applicant disagrees with the action of the planning and zoning commission, he may appeal the decision to city council. The request for appeal must be made in writing within ten (10) days of the planning and zoning commission’s decision.
(Ordinance CO42-07-07-12-3I adopted 7/7/12)