1. | All references to the term “Ordinance” in Chapter 10 | shall hereby be amended to mean “the Subdivision Chapter as amended and modified by the PD Ordinance.” |
2. | All references to the term “General Design Standards of the City” in Chapter 10 | shall hereby be amended to mean “the Project Design Standards as described in Appendix B to the PD Ordinance.” |
3. | | hereby amended and restated as follows: “1. Conflicting Orders. If any other City order as to development standards, including the Subdivision Ordinance, is in conflict with this Ordinance, this PD Ordinance shall control.” |
4. | | hereby amended and restated as follows: “All improvements required by this Ordinance shall be constructed and installed in accordance with the Project Design Standards as set forth in Appendix B to the PD Ordinance”. |
5. | | hereby amended and restated as follows: “All construction shall be complete within a timely manner but not later than ten (10) years after approval of final plat, and in accordance with the terms and specifications contained herein. To ensure such timely completion, the Developer shall file a construction bond, payment and performance bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured. |
| | a. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction. |
| | b. The Developer and City Council may agree that construction of the roads, streets, street signs, utilities, drainage structures and other infrastructure construction be undertaken in phases. In that case, to ensure such timely completion, the Developer shall file a construction bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction. |
| | c. The construction bond shall be submitted to the City Council with the final plat. |
| | d. The construction bond for a phased project shall remain in full force and in effect until all the roads, streets, street signs, underground utilities, required drainage structures and other infrastructure construction are completed for that phase to the satisfaction of the Director of Public Works and the City Council has released the construction bond. |
| | e. In the event any or all of the streets, roads, drainage and drainage structures, as constructed by the Owner, fail to meet the requirements of the foregoing specifications, and the said Owner fails or refuses to correct the defects called to his/her attention by the City Council, the unfinished improvements shall be completed at the cost and expense of Owner as provided. |
| | f. The City may draw on the construction bond and pay the cost of completing the unfinished improvements if the City determines that the Owner has breached the obligations secured by the construction bond or the two (2) year time period for each phase for the construction of all required improvements has expired. The City shall refund the balance of the construction bond, if any, to Owner. The Owner shall be liable for the cost that exceeds the amount covered by the construction bond, if any.” |
6. | | hereby deleted in this PD Ordinance with respect to the Property or Project. |
7. | | hereby amended and restated as follows: “Where a discrepancy exists between the requirements established in this PD Ordinance and the requirements of the building, fire, electrical, mechanical or any other applicable code, or any state or federal law, then the more restrictive requirements shall apply.” |
8. | | hereby amended and restated as follows: “The City has the authority to withhold the issuance of a building permit for the erection of any building on a newly subdivided parcel of land for which no performance bond is in place until all the requirements of this Subdivision Chapter have been complied with, including installation of, and acceptance by, the City of all public improvements and facilities for the areas designated.” |
9. | | Is hereby amended and restated as follows: “c. Name of the subdivision, The Communities of Summit Rock.” |
10. | | Is hereby amended and restated as follows: “g. The location and approximate dimensions, description, and name of all proposed streets, subject to City and County approval and applicable 9-1-1 requirements, common areas, parks, public areas, playgrounds or other similar uses, reservations, easements, visibility easements or rights-of-way, blocks, lots and watercourses.” |
11. | Article 10.03 Section 10.03.124 Revisions to Approved Preliminary Plats | hereby amended and restated in its entirety as follows: |
| | “1. Minor Revision to Approved Preliminary Plats. The Development Services Manager may administratively approve minor revisions to approved Preliminary Plats. A minor revision is one that (“Minor Revision”): |
| | (a) Changes the lot size or configuration; |
| | (b) Adjusts the number of lots in the overall Project to no more than 1,600; |
| | (c) Changes a local street width, length or alignment; |
| | (d) Changes a utility or access easement; |
| | (e) Changes street layouts in any phase other than Phase 1 (as defined in the PD Ordinance); or |
| | (f) Adjusts the amount of parkland or open space within any phase other than Phase 1 to not less than twenty-five percent (25%) of the gross site acreage. |
| | 2. Major Revisions to Approved Preliminary Plats. The City Council may approve major revisions to approved Preliminary Plats. A major revision is any revision other than a Minor Revision.” |
12. | | is hereby amended and restated as follows: “c. Name of the subdivision is The Communities of Summit Rock” |
13. | | is hereby amended and restated in its entirety as follows: “4. The overall layout of a phased preliminary plat, as contained in the PD Concept Plan labeled as “Master Plan” and “Overall Phasing Map” has been approved by City Council, shall be attached to and filed in the permanent records of Development Services. All subsequent final plats shall be in accordance with the approved phased preliminary plat. Provided, however, that the Development Services Manager may authorize Minor Revisions to the approved phased preliminary plat where the Development Services Manager determines such adjustments are allowable hereunder and consistent with the intent and general layout of the approved phased preliminary plat. Where the final plat deviates from the approved phased preliminary plat other than as to Minor Revisions, such final plat shall not be approved until it reflects the originally approved phased preliminary plat other than as to Minor Revisions, or a phased preliminary plat has been approved in accordance with this section. However, the City Council shall not change such approved overall layout unless the subdivider agrees to such change.” |
14. | Article 10.03, Division 9 Planned Development Districts | [is hereby amended and restated as follows:] “1. In certain instances, the purposes of this Ordinance may be achieved in the development of planned units which do not conform in all respects with the land use pattern designated in the Comprehensive Development Plan, or the subdivision requirements of this Ordinance. A Planned Development District (PD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. 2. For purposes of this Ordinance, a Planned Development District shall have the same meaning as provided for as a Planned Development Zone in the Zoning Chapter. (f) A statement related to the adequacy or inadequacy of the public facilities and utilities and whether such facilities and utilities will be expanded. (g) A statement of the proposed method of financing the development in sufficient detail to evidence the probability that the Developer will be able to finance or arrange to finance the development.” |
15. | Article 10.03 Section 10.03.372 Dedication of Streets, Municipal Acceptance and Maintenance Prior to Acceptance | is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. |
16. | | is hereby amended and restated as set forth in Appendix B of this PD Ordinance. |
17. | | is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. |
18. | | is hereby amended and restated as follows: “1. Within the Project boundaries and to the extent it does not violate any other law or regulation, Developer shall have discretion as to the design of the private street entrance signage, boulevard directional signage, sub-section entry signage, portal entry signage, as well as other types of private roadway markings. 2. Although the City will attempt to keep all other traffic and safety signage in conformance with the aesthetics of the Project, all other traffic and safety signs shall be designed in accordance with and conform to the Texas Manual on Uniform Traffic-Control Devices, as amended.” |
19. | | is hereby amended as follows: “1.a. All streets shall be constructed in accordance with the Project Design Standards set forth in Appendix B of the PD Ordinance.” |
20. | | are hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. |
21. | | is hereby amended and restated as follows: “b. Construction shall be in accordance with the Project Design Standards.” |
22. | | is hereby amended and restated as follows: “2.a. For lots backing up to Highway 2147, a screening wall of at least six (6) feet in height shall be provided and maintained along the property line of any subdivision of single-family or multifamily lots where the rear of such lots abuts any arterial thoroughfare or a major collector street.” |
23. | | is hereby amended and restated as follows: “All channel alterations and storm sewer construction shall comply with the LCRA Highland Lakes Ordinance, as amended.” |