City of Bee Cave, TX Section 2.5 Subdivision Design Standards

§ 2.5.1 Minimum standards.

A. Intent of requiring minimum level of service.

1. It is the intent of the UDC, along with the City's adopted Technical Manuals, to define certain minimum requirements for Public Facilities, including utilities, roadways, storm drainage, parks, and other facilities determined by the City Council as necessary to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens of Bee Cave.

2. It is the intent of this UDC that no Subdivision occurs unless, and until, it provides for the minimum levels of service required by the UDC.

3. The Subdivider must dedicate, construct or upgrade required Public Facilities to a capacity that meets Adequate Public Facilities standards (see Section 2.1.4).

B. Basis for minimum standards.

1. For each category of Public Facilities, the City requires a minimum standard of infrastructure based upon historic studies and construction projects of the City and other cities, which the City may publish and update from time to time in its Technical Manuals (see Section 1.1.16).

2. The minimum standards reflect the minimum Public Facilities required to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens of Bee Cave.

3. All Private Facilities must be designed to Public Facilities standards.

C. Applicability.

1. Within this Section 2.5, the term "Subdivision" has the meaning of both Subdivision and development, and the term "Subdivider" can refer to a Subdivider, Developer, Property Owner, or applicant. If any question of interpretation arises, the City will define a term as it is defined in the UDC.

2. These standards apply to any development listed in subsection 2.1.2.C, Requirement to Plat and Section 2.1.6, Platting in Extraterritorial Jurisdiction (ETJ).

(Ordinance 475 adopted 6/28/22)

§ 2.5.2 Rough proportionality and fair share policy statement.

A. The City requires that each Subdivision contribute a fair and proportional share of the costs of providing Adequate Public Facilities, consistent with TLGC Section 212.904.

B. The City finds a direct correlation between increased demand on Public Facilities created by new a Subdivision and the City's requirements to dedicate public right-of-way and easements, and to construct a fair and proportional share of Public Facilities.

C. A fair and proportional share is the Subdivider's portion of the costs of Public Facilities as determined by the City Engineer in conformance with State Law, which may be satisfied through dedication of public right-of-way or easements, the payment of fees, or payment of construction costs.

D. The intent of this Section 2.5 is to provide standards for construction and dedication of Public Facilities that are roughly proportional to the nature and extent of the impacts created by the proposed Subdivision on Public Facilities, including roadway, storm drainage, or parks systems.

E. For appeals to the requirements of this Section 2.5, see Section 2.6.2 Subdivision Proportionality Appeal for procedures.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.3 Adequate public facilities.

A. Services required. Land proposed for Subdivision in the City and in the City's extraterritorial jurisdiction (ETJ) must provide Adequate Public Facilities, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities, and park and open space facilities.

B. Adequate public facilities not exclusive to city-owned facilities. The term "Adequate Public Facilities" may refer to any Public or Private Facility, which may be owned by the City or another public or private entity, so long as the facility is designed, constructed, and maintained to the standards of the UDC and the City's Technical Manuals.

C. Approval timing. The City will not approve a Subdivision unless the Subdivider provides adequate public facilities.

(Ordinance 475 adopted 6/28/22)

§ 2.5.4 Conformance to plans and codes.

A. Design and construction of Public Facilities must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation.

1. The City's Thoroughfare Plan;

2. The Texas Uniform Traffic Control Device Manual;

3. American Association of State Highway Transportation Officials Design Manual;

4. Texas Health Code;

5. The City's Engineering Criteria Manual;

6. Texas Water Code; and

7. All other codes and ordinances of the City.

(Ordinance 475 adopted 6/28/22)

§ 2.5.5 Lots.

A. Lot design.

1. Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the type of development and use contemplated, and shall meet the requirements of the Zoning Regulations of the City.

2. Figure 2.5.5-1: Lot Types is provided for illustrative purposes only and is not intended to represent examples of conforming lots under this UDC.

Figure 2.5.5-1: Lot Types

B. Lot frontage requirement. Every lot shall have frontage on, and access to, a public street or private street (including alleys) meeting right-of-way standards. Lot frontage shall be as specified in Section 3.4.1, Dimensional Standards, of 50' if Section 3.4.1 is not applicable.

C. Lot frontage restrictions for single-family lots on arterial and collector streets. Single-Family Residential lots shall not have direct access to any street classified as an Arterial Street, Neighborhood Collector or Primary Collector. Direct access to a Residential Collector Street shall be at the City Engineer's discretion.

D. Right angles for side lot lines. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide an improved street and lot layout, as determined by the City Engineer.

E. Through lots, reverse corner lots, and flag lots.

1. Through Lots and Reverse Corner Lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

2. Through Lots require front setbacks on both frontages established in accordance with the underlying Zoning Regulations.

3. Proposed Through Lots meeting the criteria of this subsection 2.5.5.E may be approved by waiver (see Section 2.6, Subdivision Relief Procedures).

4. Flag Lots are prohibited.

F. Lots with septic tanks. If a Subdivider wishes to serve buildings in a Subdivision with septic service, the size of lots the septic will serve must be large enough to provide drainage fields which meet the County and State standards for septic service.

G. Land subject to a 100-year flood.

1. Any land that, in its natural state, is subject to a 100-year flood (i.e. base flood) or which cannot be properly drained shall not be subdivided, re-subdivided or developed until the Subdivider demonstrates that the construction of specific site drainage improvements will yield a usable building site per the minimum lot size standards of the zoning district, i.e., Flood Study and FEMA CLOMR (Conditional Letter of Map Revision) and in conformance with Article 7 Stormwater Management.

2. If, after the completion of site drainage improvements, the Subdivision will yield a usable building site, as required in subsection 2.5.5.G.1, the Planning and Zoning Commission may approve a Subdivision Plat in conformance with all requirements of this Article 2. However, occupancy of a building is prohibited until the specific site drainage improvements have been planned, construction completed, and a LOMR (Letter of Map Revision) issued by FEMA.

H. Variances for lots under common ownership.

1. The Planning Director may approve variances to the standards in this subsection 2.5.5 for lots intended to function under common property ownership if the lots are dedicated on a Final Plat for the use, ownership, and management of a Property Owners' or Homeowners' Association as described in subsection 2.5.7.

2. Condominium development, on a legal lot of record, may divide property in a manner consistent with the UDC, subsection 2.5.7, Property Owners' Associations, and Texas Property Code Chapter 82.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.6 Blocks.

A. Block measurement.

1. Block length. The length of a block is the distance from outside property corner to outside property corner, measured along the property line of the Block Face:

(i) Of greatest dimension; or

(ii) On which the greatest number of lots face.

2. Block width. The width of a block is the distance from outside property corner to outside property corner measured along the property line of the Block Face:

(i) Of least dimension; or

(ii) On which the fewest number of lots face.

3. Block measurement factors. the length, width, and shapes of blocks shall be determined with due regard to:

(i) Provision of adequate building sites suitable to the special needs of the type of use contemplated;

(ii) Zoning requirements as to lot sizes and dimensions;

(iii) Needs for convenient access, circulation, control and safety of vehicle and pedestrian traffic;

(iv) Limitations of topography; and

(v) Compatibility with efficient development of Public Facilities as established by surrounding development.

Figure 2.5.6-1: Block Measurements

B. Block length.

1. Nonresidential block length. Block length in Nonresidential Zoning Districts shall not exceed eight hundred (800) feet or ten (10) times the minimum lot width permitted in that district, whichever is greater.

2. Mixed-use block length. Block length in the Mixed-Use zoning districts (MU-N; MU-C; MU-TC) shall not exceed six hundred (600) feet in length.

3. High density residential block length. Block length in the Transitional Residential (R-3) District, Urban Residential (R-4) District and Multifamily Residential (R-5) District shall not exceed six hundred (600) feet.

4. Low density residential block length.

(i) Block length in the other Residential Zoning Districts and in the ETJ shall be between two hundred (200) and eight hundred (800) feet or 12 lots, whichever is less.

(ii) If residential lots back up to a commercial use, drainage area, or to an Arterial roadway, then there is no restriction on the block length or the maximum number of lots, subject to the Subdivision meeting the requirements of subsection 2.5.10, Access Management.

(1) If the residential lots back up to a commercial use, the Subdivision must provide at least one (1) pedestrian walkway to connect the commercial lots to the residential lots, unless the City Engineer determines a connection is impractical. The walkway may be gated to prevent two-way access.

(2) Where residential development faces both sides of a street, the required block length and restriction on the number of lots along the block applies to the opposite side of the residential street, including stubbed-out streets.

5. In cases where physical barriers, adjacent development, or property ownership, including dedication, ownership, and management by a Property Owners' or Homeowners' Association (see subsection 2.5.7, Property Owners' Associations) creates conditions justifying one or more variances to the standards of this subsection 2.5.6, the Planning Director may administratively approve a waiver to meet existing conditions, having due regard for connecting streets, circulation of traffic, and public safety.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.7 Property owners' associations.

A. Applicability. When a Subdivision contains one or more Common Areas or other improvements not intended for dedication to the City for public use, a Property Owners' Association shall be created through a declaration establishing the duties and responsibilities, consistent with state law.

B. Dedication. The Common Areas shall be shown on the Final Plat along with an adequate form for dedication thereof.

1. This dedication form shall save the title to Common Areas for the benefit of the Property Owners' Association; and

2. The Subdivider shall convey the Common Areas to the Property Owners' Association by filing a declaration and restrictive covenants and providing a copy of such documents to the City (see subsection 2.5.7.F.5), and reference the documents by note on the face of the Plat.

C. Membership. A Property Owners' Association is an incorporated nonprofit organization operating under recorded land declarations through which:

1. Each lot owner in a described land area is automatically a member; and

2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the Property Owners' Association's activities, such as maintenance of Common Areas, including common open spaces, private streets, stormwater infrastructure, ponds, recreational facilities, and the provision and upkeep of the same.

D. Legal requirements. To ensure the establishment of a permanent Property Owners' Association, including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of Common Areas, the Subdivision Plat, dedication documents, covenants, and other recorded legal agreements must:

1. Legally create an automatic membership, nonprofit Property Owners' Association;

2. Place title to the Common Areas in the Property Owners' Association or give definite assurance that it automatically will be so placed within a reasonable and defined time;

3. Appropriately limit the uses of the Common Areas;

4. Give each lot owner the right to the use and enjoyment of the Common Areas;

5. Place responsibility for operation and maintenance of the Common Areas or Property in with the Property Owners' Association;

6. Provide for or place an association charge or assessment on each lot in a manner that will ensure sufficient Association funds to maintain the Common Area and facilities;

7. Give each lot owner voting rights in the Association; and

8. Identify the land area within the Association's jurisdiction including, but not limited to, the following:

(i) The property intended for transfer to the City, PUA, or other public agency;

(ii) All properties or divisions of property or buildings (such as townhomes or condos) intended for private ownership;

(iii) The Common Areas to be transferred by the Developer, Builder, or Subdivider to the Property Owners' Association.

E. Private covenants. Private Covenants or Restrictions that assign responsibility to the Property Owners' Association for the maintenance and operation of all common property, and include provisions for assessments enforceable by lien shall be developed.

F. Procedure. Prior to or concurrent with the submittal of a Final Plat, the Developer, Builder, or Subdivider shall:

1. Draft the articles of incorporation of the Property Owners' Association, its bylaws, and the covenants;

2. Submit draft articles, bylaws, and covenants to the Planning Director for approval;

3. After approval, create an incorporated nonprofit corporation;

4. Record approved covenants, at the County Clerk's office, which will automatically make every property owner a member of the Association, give the owners the right to use the Common Areas, and establish voting rights and obligations to pay assessments;

5. Provide a copy of the recorded articles, bylaws, and the restrictive covenants prior to Final Plat approval; and

6. Pay attorney fees for document review.

G. Maintenance, repair, or capital improvement. Any maintenance, repair, or capital improvement effort made to Property Owners' Association property or facilities by the City as a result of non-performance or negligence on the part of the Association shall be assessed between the various Association members in proportion to the taxable value of their properties.

(Ordinance 475 adopted 6/28/22)

§ 2.5.8 Sidewalks.

A. Sidewalks required. Sidewalks and Pedestrian Way are required as a part of Subdivision approval to help the City achieve the following:

1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City and to implement objectives and strategies of the Comprehensive Plan.

2. Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians.

3. Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities.

4. Facilitate walking as a means of physical activity recognized as an important provider of health benefits.

B. Path easements required. Properties adjacent to Bee Cave Parkway, SH-71, FM 3238, RM 2244, and RM 620 are not required to construct sidewalks adjacent to the highway but must dedicate a path easement within the required landscape buffer parallel to the roadway.

C. Sidewalk location, design, and construction.

1. Sidewalks must be constructed for both sides of all streets within a Subdivision.

2. Sidewalks must be constructed along all lots adjoining public or private streets, along Arterial streets where lots do not adjoin the street, across power line easements, and in other areas where pedestrian walkways are necessary.

3. Routing to clear poles, trees or other obstacles is subject to City Engineer approval.

4. The Subdivision Construction Plans must show the location of all proposed sidewalks and state at what stage of the project they will be constructed.

5. Sidewalks will be installed abutting the Public Right-of-Way line unless the City Engineer approves an alternate location in writing.

6. Public sidewalks constructed on private property (i.e., those that meander from the Public Right-of-Way by design or necessity) must have access through a pedestrian access easement recorded with the Final Plat.

7. At least five (5) feet of grass or other permeable ground is provided between the roadway and sidewalk, unless the City Engineer determines this is not feasible through a written determination.

8. Sidewalk construction in front of lots may be delayed until the development of those lots, but in locations not adjacent to lots such as across bridges and culverts or open space lots, the sidewalk must be constructed with the other improvements to the Subdivision.

9. All sidewalks shall conform to Federal Americans with Disabilities Act (ADA) requirements and barrier-free ramps must be provided wherever a sidewalk intersects a public or private street or commercial driveway.

(Ordinance 475 adopted 6/28/22)

§ 2.5.9 Streets.

A. Purpose. The purpose of this section is to ensure adequate and safe pedestrian and vehicle circulation within the City and ETJ, and into adjoining areas.

B. General.

1. Every Subdivision must be accessed by a public street, and each lot or unit within the Subdivision must have access to a public street or a private street that meets City standards and provides access to a public street through the Subdivision.

2. Gated subdivisions are not permitted within the City limits or ETJ, except for single-family residential subdivisions with lots one acre or greater in size, in which case gating of roads is permitted under the following conditions:

(i) Gating does not impede the current or future roadway connections depicted in the City's adopted Thoroughfare Plan;

(ii) Roads are privately owned and maintained pursuant to Section 2.5.7;

(iii) The method to be used to ensure City and emergency access into the subdivision shall be approved by applicable emergency services district. If the association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty-two feet (22') at the location of the gate or access control device, both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must be a minimum of fourteen feet (14') in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty feet (50') in front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of one hundred feet (100') shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad or telephone or a guard's window. Adequate distance shall be provided between the access request point(s) and the entry barrier, or gate, to accommodate a vehicle turnaround as described below.

(iv) A paved turnaround space must be located in front of any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up, particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:

(1) Larger passenger vehicles, such as vans and pickup trucks;

(2) Passenger vehicles with short trailers up to twenty-four feet (24') in length, such as small flatbed, camping or box-type trailers; and

(3) The types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development, such as utility service vehicles, postal and delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies.

3. All Subdivisions must provide for streets and sidewalks to serve the Subdivision in accordance with requirements included or referenced in this Section 2.5.

4. The Subdivider shall pay for, or, by Improvement Agreement, participate in the cost to construct all roadways, public or private, within or adjacent to the Subdivision, other than Arterials (see subsection 2.5.2, Rough Proportionality and Fair Share Policy Statement).

5. The Subdivider is responsible for the cost of dedicating public right-of-way and Public Facilities, including streets, in accordance with the policies and standards of this Section 2.5.

6. Additional public right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic control devices, or sight distances, as determined by the City Engineer with reference to a particular standard of the UDC or the City's adopted Technical Manuals.

7. See Section 5.1.2, Fencing and Screening Standards for fence requirements related to lots backing to Arterial or Collector roadways.

C. Street classification and design.

1. Street classifications shall be as defined in the adopted Thoroughfare Plan.

2. All streets shall conform to the construction criteria contained in the Engineering Criteria Manual.

3. The City may prescribe vertical or horizontal geometric design features to streets to facilitate bike and pedestrian traffic and to slow auto traffic in areas intended for bike and pedestrian traffic. These features may include speed tables, chicanes, curbs, drive aprons, or other measures as approved by the City Engineer.

D. Street layout.

1. The Subdivider will coordinate and connect the Subdivision's street system with existing future streets in the surrounding area, consistent with the City's adopted Thoroughfare Plan.

2. New streets created by the Subdivision shall connect to streets in each adjacent Subdivision for the direct and convenient movement of traffic between properties and Subdivisions.

3. Where an existing residential Subdivision or property abuts the proposed Subdivision, a street connection between the two properties must occur at least every nine hundred (900) feet, or in alignment with abutting Subdivision streets along each boundary of the Subdivision.

4. Intersections and offsets.

(i) Streets must intersect at safe and convenient locations at ninety (90) degree angles. When ninety (90) degree angles are not possible, the City Engineer may approve a skewed intersection. Skewed Intersections should in no case have an angle less than 80 degrees or greater than 100 degrees.

(ii) All proposed median openings will be spaced according to the design criteria in the City's Technical Manuals, unless otherwise approved by the City Engineer, or TxDOT as applicable.

(iii) The spacing between curves and intersections shall be in accordance with the City's Technical Manuals, unless the City Engineer determines that no other practicable alternative exists.

5. Stub-outs and cul-de-sacs.

(i) Stub-out streets must be provided for connections to future development.

(1) If no development occurs and a stub-out street is to be terminated, the Subdivider is responsible for creating a permanent turnaround at the street that meets the City's standards.

(2) The Subdivider must provide a temporary turnaround for any stub-out street that exceeds one hundred and fifty (150) feet in length from the nearest intersection. Dimensions are subject to the adopted Fire Code.

(ii) A cul-de-sac street must be platted and constructed with a concrete cul-de-sac at the closed end having a turnaround with a large enough radius to accommodate fire access.

(iii) The maximum length of a Cul-de-sac or dead-end street is three hundred (300) feet in length, unless the City Engineer approves a greater length after determining no alternative layout is practical.

6. "Knuckle" street corners.

Figure 2.5.9-1: Street Knuckle

(i) The minimum centerline radius for the knuckle is fifty (50) feet;

(ii) From the point of intersection of the centerlines of the street sections leading into the turn, the minimum radius to the right-of-way is fifty (50) feet and the minimum radius to the edge of pavement is forty (40) feet;

(iii) The minimum return radius of the knuckle is twenty-five (25) feet; and

(iv) The interior angle of the knuckle may not be less than eighty (80) degrees or more than one hundred (100) degrees.

E. Access for single-family developments.

1. The minimum number of access points shall comply with Table 2.5-1: Minimum Number of Subdivision Access Points:

Table 2.5-1: Minimum Number of Subdivision Access Points
# Lots	Minimum Access Points
0-149	2
150-299	3
300-499	4
500+	1 + 0.7 per 100 lots

2. Access must be to a Collector Street or larger facility.

3. Access points will be calculated by the total number of lots shown on the Preliminary Plat.

4. The Planning and Zoning Commission may require additional access points if the configuration, number of lots, or other consideration creates the need for additional access.

5. In case of a conflict between this subsection 2.5.9.E and the adopted Fire Code, the most restrictive standard applies.

F. Street names and signs.

1. Streets will be named to provide continuity with existing streets. Names of new streets must comply with Article 16.05 of the Code of Ordinances.

2. Street signs will be furnished and installed by the Subdivider for all intersections within or abutting the Subdivision.

3. Such signs shall be of a type approved by the City.

4. The Subdivider is responsible for installing street signs and street marking in compliance with requirements set forth in the Technical Manuals and the most recent edition of the Texas Manual on Uniform Traffic Control Devices.

5. All lots on which construction is proposed must have direct access to a named street dedicated to the City or referenced on a Final Plat.

6. A Private Street must be named on a Final Plat if it provides the only direct access to two (2) or more lots.

G. Alleys. Unless explicitly required, alleys are optional improvements and may be constructed at the discretion of the Subdivider. If alleys are constructed, they must meet the regulations of this subsection 2.5.9.G and be in a separate lot(s) dedicated to and maintained by a Property Owners' Association.

1. Reinforced concrete or asphalt construction. Alleys must be paved with reinforced concrete or asphalt with concrete curbing.

2. Alley fences. Where a driveway connects to an alley, a fence may be constructed along the rear lot line to a point within five (5) feet of the intersection of the driveway and the alley.

3. Alley right-of-way width and design. Minimum alley right-of-way width and design will conform with the City's Technical Manuals.

4. Intersections at right angles. Alleys shall intersect streets at right angles or radially to curved streets.

5. Intersections at arterial streets prohibited. Alleys shall not intersect Arterial Streets.

6. Dead-end alleys. The Subdivider must construct alleys with adequate turnaround facilities meeting the standards in subsection 2.5.9.D.5.

7. Access. If an alley is the sole point of access to a particular lot, the alley must meet minimum fire access requirements.

8. Drainage conveyance. If the surface or subsurface area under an alley is to be utilized for the conveyance of drainage from multiple lots, the Subdivider must design and install proper drainage structures and place them within drainage easements.

H. Street right-of-way dedication. Any Subdivision with new streets, existing streets, or adjacency to existing streets must dedicate sufficient public right-of-way in accordance with the following regulations.

1. General dedication requirements.

(i) Travis County right-of-way.

(1) Per agreement between Travis County and the City of Bee Cave, all new developments in the ETJ must dedicate public right-of-way pursuant to the Travis County Transportation Plan or Bee Cave's Thoroughfare Plan.

(2) If there is a difference in the width required in the Travis County Plan and the Bee Cave Plan, the width of the dedication must meet the wider requirement.

(ii) Right-of-way alignment. The required alignment of the public right-of-way is determined with respect to property boundaries, safety, design, topography, and traffic management consideration.

(1) Principles of efficient traffic management will be applied in accordance with the City's goals and objectives as expressed in the current Comprehensive Plan, including but not limited to the Thoroughfare Plan.

(2) The appropriate alignment of any public right-of-way will be determined by examining the property and topographical conditions along the entire length of the street.

(3) In order to provide adequate information to establish appropriate public right-of-way alignment, the Subdivider must provide a survey showing property and topographical information for a minimum distance of two hundred (200) feet in every direction that the street extends from the property.

2. New streets. The Subdivider will provide streets where there is not an existing street, roadway, or passage.

(i) The City's adopted Technical Manuals will determine the design of internal streets.

(ii) Perimeter streets.

(1) When a Subdivision develops that abuts an existing or planned Arterial Street or Collector Street, the Subdivider must dedicate enough public right-of-way within the Subdivision to accommodate the future build-out of the Arterial or Collector Street.

(2) The Subdivider must construct their proportional share of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the City's standards for the applicable street type (see subsection 2.4.4, Improvement Agreements and Fiscal Security).

(3) The Subdivider's proportional share of the street construction is determined by the City Engineer and is roughly proportional to the impact the Subdivision causes on the street system (see subsection 2.5.2, Rough Proportionality and Fair Share Policy Statement).

(4) If the Subdivider disagrees with the City Engineer's determination of rough proportionality, then the Subdivider may file a Subdivision Proportionality Appeal (see subsection 2.6.2, Subdivision Proportionality Appeal).

3. Existing streets. If the existing geometric configuration of a street does not accommodate the standards of the Technical Manual, the City may require the dedication of additional public right-of-way to address safety, design, topography, and traffic management considerations.

(i) Adjacent to a platted subdivision.

(1) The right-of-way dedication is based on the distance between the final platted Subdivision boundary and the centerline of the street.

(2) Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations.

(ii) Along a right-of-way described by a metes and bounds or a general written description.

(1) The right-of-way dedication is based on the geometric centerline of the right-of-way as described.

(2) Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations.

(3) All existing right-of-way dedications within the Subdivision must be converted from "separate instrument" to a platted right-of-way on the Final Plat.

(iii) Along a prescriptive right-of-way.

(1) The right-of-way dedication is based on the apparent centerline of the existing pavement or of the travel way if unpaved.

(2) Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations.

(3) The Subdivider must indicate on the Preliminary Plat and, if required, on the Final Plat any property lines and features that identify the prescriptive right-of-way. Features may include fences, borrow ditches, utility lines, drainage improvements, limits of plowed fields, etc.

(4) All existing prescriptive right-of-way dedications within the Subdivision must be converted from prescriptive to a platted right-of-way on the Final Plat.

4. Private street.

(i) A Subdivider may receive approval of one (1) or more private streets if the following conditions are met:

(1) The street is not shown on the City's Thoroughfare Plan and is not or will not serve as the primary route between two (2) or more Subdivisions or developments and an existing or future public street;

(2) The proposed street is built to City Standards or with modifications approved by the City Engineer;

(3) The private street is dedicated on a Final Plat as a single and separate lot labelled as "Private Street" and deed is granted to a Property Owners' Association for ownership and maintenance.

(ii) The Planning and Zoning Commission may deny a Final Plat on the basis of requested private streets or approve the Final Plat with the condition that streets be dedicated to the City.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.10 Access management.

A. Purpose. It is the intent of this section to:

1. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system;

2. Reduce conflicting turning movements and congestion and thereby reduce vehicular accidents; and

3. Maintain and enhance a positive image for the attraction of new, high-quality developments in the City.

B. Applicability.

1. It shall be a violation of this UDC to construct, reconstruct, relocate or in any way alter the design or operation of any driveway without first being released by the City to begin construction.

2. The City Engineer may prohibit a permit for a driveway if the driveway is detrimental to the public health, safety and welfare.

C. Common access.

1. A Common Access Easement is required between abutting lots used, zoned, or planned for nonresidential uses, mixed-uses, or multi-family uses in any combination and fronting on any street section, unless the City Engineer authorizes an exemption due to site constraints. Abutting lots used, zoned, or planned for single-family residential uses may take access from a common driveway, provided each lot individually meets the minimum lot frontage requirements of Section 3.4.1 or 50' if Section 3.4.1 is not applicable.

2. Access easement.

(i) The use of common driveways requires the dedication of a Common Access Easement (also known as a mutual access easement or reciprocal access easement) that affords access to a public street for each property that is restricted from obtaining direct access due to the standards of this subsection 2.5.10 (see Figure 2.5.10-1: Shared Driveway With Cross Access Easement).

Figure 2.5.10-1: Shared Driveway With Cross Access Easement

(ii) Common Access Easement dedications are dedicated on the Final Plat of the subject properties, unless previously filed by separate instrument with the County. Alternatively, the Common Access Easement may be dedicated by separate instrument, so long as the separate instrument requires City approval to amend.

(iii) A Final Plat that includes a Common Access Easement must state that the owner(s) of the property are responsible for maintaining the Common Access Easement.

(iv) A Common Access Easement shall encompass the entire width of the planned driveway or 25 feet, whichever is greater, plus an additional width of five (5) feet on both sides of the drive.

D. Driveway design for non-State maintained roadways. The City may establish standards to regulate the design and construction of driveways within the Transportation Criteria Manual, including but not limited to driveway dimensions and spacing (non-State maintained roadways) and deceleration lanes for driveways on arterial streets required (non-State maintained roadways).

E. Driveway stacking.

1. Driveway stacking is driven by the number of anticipated trips based on parking spaces, and shall be provided on multi-family or nonresidential properties for corresponding driveways in accordance with Table 2.5-2: Minimum Driveway Stacking Requirements for driveways that provide ingress/egress to parking areas of twenty (20) or greater spaces. Stacking depth shall be measured from the right-of-way line.

2. Stacking depth may be no less than 15' or the depth of the required landscape buffer, whichever is greater.

Table 2.5-2: Minimum Driveway Stacking Requirements
Average Number of Parking Spaces per Driveway*	Total Number of Parking Spaces1, 2	Minimum Stacking Length
20-49	20-49	Landscape edge width + 20'
	50-199	50'
	200+	75'
50-199	50-199	75'
	200+	100'
200+	200+	100'

Notes:
1	The average number of parking spaces per driveway is calculated by dividing the total number of parking spaces by the number of commercial and multifamily driveways. (Service driveways are not included in the calculation.)
2	The total number of parking spaces is the sum of all spaces accessible by a driveway or driveways both on-site and off-site. The internal storage shall be separated from parking areas by a five-foot (5') wide, raised curb island or median. Planting requirements for the island or median shall be one (1) Small Tree and one (1) five-gallon (5 Gal.) shrub for every fifteen (15) linear feet. Appropriate signage (e.g. stop, yield, etc.) shall be placed for any vehicular cross movement or internal circulation that intersects the ingress/egress circulation beyond the required internal storage.

F. Adequate sight distance.

1. Driveways are prohibited where adequate sight distance is not available for the established speed limit.

2. If a field inspection indicates that driveway sight distance may be insufficient, the applicant is required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location. The determination of sufficiency is at the sole discretion of the City Engineer.

G. Sight visibility. Sight visibility easements shall be provided at all intersections with a public street (see Section 6.4).

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.11 Determination of need for traffic impact analysis (TIA).

A. Purpose. All development is recognized to add trips to the city's transportation network. The purpose of this section is to outline, based on the number of trips generated by the associated development, the process an applicant will follow to determine the development's impacts on the safety and functionality of the network, and to determine the extent of the network modifications necessary to maintain the city's adopted level of service.

B. The following are the steps to be undertaken by the applicant to determine the need for a TIA and roughly proportionate determination study.

1. When an application is submitted for development or, at the discretion of the Building Official, for a building permit, the applicant shall complete a Peak Hour Trip Generation Form reporting the number of peak hour trips (PHT) generated by the proposed development as determined from the most recent version of the ITE Trip Generation Manual. PHT analyzed may be the a.m., Midday, p.m., Saturday, and/or Sunday peak hours, based on the peak hour trip generation for that given day and land use. Linear trip generation rates shall be used, except where the ITE Trip Generation Manual clearly indicates the use of regression equations better captures the trip generation estimates.

2. The City will review and, if adequate, approve the Trip Generation Report. Based on the findings of the Trip Generation Report:

(i) If the proposed development will generate 49 PHT or fewer:

(1) The applicant shall submit a turn lane analysis as described in Section 2.5.12.F.

(2) The applicant may be required to submit a circulation study, in accordance with the TCM, at the discretion of the City Engineer.

(3) A TIA is not required.

(4) When a proposed thoroughfare is depicted on the property subject to the application, the applicant is required to either make the right-of-way dedication or prepare a Proportional Mitigation Determination Report, as described in Section 2.5.12.E, to determine their proportionate share of right-of-way dedication. If there is no proposed roadway depicted on the Thoroughfare Plan, this Report is not required.

(ii) If the proposed development will generate more than 49 PHT:

(1) The applicant shall submit a turn lane analysis as described in Section 2.5.12.F.

(2) The applicant may be required to submit a circulation study, in accordance with the TCM, at the discretion of the City Engineer.

(3) The applicant shall submit a Proportional Mitigation Determination Report as described in Section 2.5.12.E.

(4) The applicant shall submit a TIA.

(iii) If any of the following modifications to an existing development are proposed, either the existing TIA will be required to be updated or, if there is no prior TIA, a TIA will be required and the applicant may be required to submit a circulation study, in accordance with the TCM, at the discretion of the City Engineer.

(1) The modifications result in an increase of 49 PHT or more;

(2) Land uses are changed resulting in different distribution patterns;

(3) Increases in land use intensities result in at least ten (10) percent or greater PHT than those assumed in the previously completed TIA.

(4) Land uses are relocated or reallocated;

(5) Site access points are increased, reduced, or relocated; or

(6) Traffic controls at access points are changed;

(iv) For the modification of an existing Public School campus and/or building within it, irrespective of the PHT generation:

(1) The applicant shall submit a turn lane analysis as described in Section 2.5.12.F.

(2) The applicant shall submit a circulation study in accordance with the TCM.

(3) The applicant is not required to submit a Proportional Mitigation Determination Report as described in Section 2.5.12.E.

(4) The applicant is not required to submit a TIA.

(v) If a previously completed TIA for a subject property was completed more than three (3) years prior to the submittal date of the current application, a new TIA will be required.

3. If pursuant to Step 2.5.11.B.2, a Traffic Impact Analysis is required, then the applicant shall undertake the following steps:

(i) Conduct a meeting with city staff to determine the scope of the Traffic Impact Analysis pursuant to Section 2.5.12.B.

(ii) Complete the Traffic Impact Analysis in accordance with City of Bee Cave UDC and TCM;

(iii) Identify mitigation improvements and thoroughfare plan implementation requirements if any, that are needed to support the development; and

(iv) Identify the total approximate cost, including design, engineering and construction, to deliver the mitigation improvements identified in Section 2.5.11.B.2(iii), if any.

(v) The applicant, using the approved methodology of the City of Bee Cave, shall determine the probable maximum amount of mitigation improvements (measured in dollars) that may be attributable to the development.

(vi) The applicant shall compare the cost of the mitigation improvements determined in Section 2.5.11.B.3(iv) to the maximum amount of mitigation improvements identified in Section 2.5.11.B.3(v).

(1) If the cost of the improvements identified in Section 2.5.11.B.3(iv) is less than or roughly equal to the maximum amount of mitigation improvements identified in Section 2.5.11.B.3(v), then the mitigation improvements identified in the TIA are said to be roughly proportionate to the impact of the development.

(2) If the cost of the improvements identified in Section 2.5.11.B.3(iv) is greater than the maximum amount of mitigation improvements identified in subsection B.3(v), then the mitigation improvements identified in the TIA must be limited by the city to an amount roughly equal to the costs identified in Section 2.5.11.B.3(v).

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.12 Traffic impact analysis (TIA).

A. Purpose.

1. A TIA is intended to adequately assess the potential traffic-related impacts of a development on the existing and planned transportation network, including but not limited to the thoroughfare system. The purpose of these regulations is to:

(i) Provide the safest and most efficient transportation system in conjunction with the development review process;

(ii) Inform the Applicant of the City's requirements and expectations;

(iii) Provide standard guidelines for the preparation and review of a TIA; and

(iv) Establish equitable and cost-effective mitigation measures for the accommodation of identified impacts.

B. Pre-submission meeting.

1. Along with the submission of the development application triggering the requirement for a TIA, but prior to the commencement of a TIA, a TIA Scoping Meeting with the City Staff is required to jointly review the requirements and methodology to complete the TIA and to establish specific elements of the TIA. For all developments where a TIA is required, a TIA scoping meeting shall be required. The TIA scoping meeting shall include the engineer performing the TIA, the property owner, or owner's agent, and city staff, and may include TxDOT and county staff, if applicable.

2. The purpose of the scoping meeting shall be to establish the TIA requirements in accordance with generally accepted practice (as described in the most recent version of the ITE Recommended Practice Transportation Impact Analyses for Site Development). During the scoping meeting, the following elements will be determined:

(i) Study Area.

(ii) ITE Land Use Code.

(iii) TIA Analysis Periods.

(iv) Trip Generation Rates and Calculation of Trips.

(v) Trip Distribution & Assignment.

(vi) Mode Split.

(vii) Pass-by & Internal Trip Credits.

(viii) Access locations & restrictions.

(ix) Study Intersections & Adjacent Driveways.

(x) Phasing of Development.

(xi) Analysis Years.

(xii) Other Developments to Include.

(xiii) Planned Roadway Improvements to Include.

(xiv) Growth Rate to be Applied.

C. Responsibility of TIA preparation and review.

1. Preparation.

(i) A TIA must be prepared in accordance with all the guidelines of this ordinance and submitted in accordance with the City's development review schedule.

(ii) The responsibility for TIA preparation rests with the Applicant.

(iii) A licensed Professional Engineer (P.E.) in the State of Texas with PTOE certification and experience in traffic and transportation engineering must conduct the study.

(iv) The final TIA report must be signed and sealed by the P.E. responsible for the analysis to be considered for review by the City.

(v) Application and review fees as indicated in the Fee Schedule are due at the time of each submittal.

(vi) City Staff will serve primarily in a review and advisory capacity, and will only provide data to the Applicant when available and at no additional cost to the City.

2. Submittal.

(i) It is the Applicant's responsibility to submit TIA reports, final reports, including background data in native format, an electronic copy of software analysis and executive summaries with the development application.

(ii) The proper number of reports, the timing for submission, and the review of these reports shall be based on standard City development review procedures.

(iii) When a TIA is required for consideration of the development application, an incomplete TIA or failure to submit a TIA with the Application will cause the Application to be incomplete and delay consideration of the requests (see Application Submittal Procedures).

(iv) Should it be determined that a TIA is required, consideration of a related Application shall be deferred until the applicant submits a completed TIA, the City has reviewed the TIA, and the City has approved the TIA.

3. Review.

(i) An initial review of the TIA by the City shall be available to the applicant within 45 calendar days from the submittal date.

(ii) Longer review periods may be needed if TxDOT or Travis County is involved in the review process.

D. TIA standards. To achieve uniformity in the evaluation process, the following standards will apply:

1. Determination of study area intersections & roadway segments: Study intersections will be determined by the distribution of PHT through the adjacent roadway network based on the trip distribution identified in the TIA scoping meeting. The PHT will be distributed to subsequent intersections until the minimum fifty (50) PHT or the 1.5 mile maximum distance is reached.

The signalized intersections, controlled approaches of unsignalized intersections, and associated roadway segments within the study area shall be identified during the TIA scoping meeting. Unsignalized intersections include two-way stop controlled (TWSC) and all-way stop-controlled (AWSC) intersections identified within the study area.

2. Trip generation resources.

(i) The City's standard for trip generation rates for various land use categories are those published by the Institute of Transportation Engineers (ITE) in the latest edition of Trip Generation Manual or other published or recognized sources applicable to the region. The City Engineer may accept alternate trip generation rates on a case-by-case basis if the Subdivider can provide current supporting data substantiating that their development significantly differs from the ITE rates. The City Engineer must approve alternative trip generation rates in writing in advance of the TIA submission. The City Engineer will approve the ITE Land Use Code, use of data from Land Use Peak Hour vs Adjacent Street Peak Hour and use of linear rates vs. regression equations.

(ii) Trip reductions for pass-by trips, internal trips, and mode splits are permitted, subject to analytical support provided by the Subdivider and approval by the City Engineer, on a case-by-case basis. Methodologies for calculation and application of internal and pass-by credits and the provided pass-by percentages by Land Use Code should be obtained from the ITE Trip Generation Handbook. Assumptions relative to vehicle occupancy, or percentage of daily traffic to occur in the peak hour must be documented and will be considered subject to analytical support provided by the Subdivider.

3. Study horizon years. The TIA must evaluate the impact of the proposed Subdivision on future traffic conditions by establishing existing traffic conditions, predicting future conditions without the proposed project and comparing with the future traffic conditions for the horizon year(s).

4. Level of service. The appropriate Level of Service (LOS) (using Highway Capacity Manual (HCM) delay values in seconds per vehicle) shall be determined for each analysis period and each analysis scenario. The following scenarios shall be included at a minimum: Existing Condition, "No Build" Condition (existing traffic plus anticipated growth of existing traffic plus neighboring development activity and road improvements to be completed), and "Build" Condition ("No Build" plus project traffic).

An impact is identified as follows when comparing No Build results with Build results for any analyzed peak hour using the LOS and Measures of Effectiveness (MOE) per the HCM methodology for intersection capacity analysis:

(i) Signalized intersections:

(1) If the No Build intersection LOS is C or better and the Build intersection LOS drops below C.

(2) If the No Build intersection LOS is C or below and the Build intersection LOS drops to D, E or F.

(3) If the No Build intersection LOS is F and the Build intersection LOS is F and the delay increases by 10% or more.

(4) If the No Build intersection LOS is D, E or F and the Build intersection LOS does not decrease, but the overall intersection delay increases by 10% or more.

(5) If a No Build lane group movement or turning movement LOS drops from C or better to a LOS E or F.

(6) If a No Build lane group movement or turning movement LOS is F and the corresponding Build LOS is F and the delay increases by 10% or more.

(ii) Unsignalized intersections:

(1) AWSC Intersections:

(a) If the No Build intersection LOS is C or better and the Build intersection LOS drops below C.

(b) If the No Build intersection LOS is C or below and the Build intersection LOS drops to D, E or F.

(c) If the No Build intersection LOS is F and the Build intersection LOS is F and the overall intersection delay increases by 10% or more.

(d) If the No Build intersection LOS is D, E or F and the Build intersection LOS does not decrease, but the overall intersection delay increases by 10% or more.

(e) If a No Build lane group movement or turning movement LOS drops from C or better to a LOS E or F.

(f) If a No Build lane group movement or turning movement LOS is F and the corresponding Build LOS is F and the delay increases by 20% or more.

(2) TWSC intersections:

(a) If the No Build LOS for a stop-controlled approach or major road left-turn movement is C or better and the Build LOS drops below C.

(b) If the No Build LOS for a stop-controlled approach or major road left-turn movement is C or below and the Build intersection LOS drops to D, E or F.

(c) If the No Build LOS for a stop-controlled approach or major road left-turn movement is F and the Build intersection LOS is F and the delay increases by 20% or more.

(d) If a No Build LOS for a lane group movement or turning movement at a stop-controlled approach or for a major road left turn movement drops from C or better to a LOS E or F.

(e) If a No Build LOS for a lane group movement or turning movement at a stop-controlled approach or for a major road left turn movement is F and the corresponding Build LOS is F and the delay increases by 20% or more.

5. Mitigation of impacts.

(i) Mitigation of impacts are required if the proposed Development would cause an impact as defined in subsection D.4 above. If mitigation is required, the Applicant is responsible to mitigate the impact of the proposed development, and would not be responsible for alleviating deficiencies in the thoroughfare system that may occur without the proposed development.

(ii) Mitigation improvements for each intersection shall be identified, for each time period of analysis (with a preliminary cost estimate to implement the improvements), and roadway segments.

(iii) Mitigation improvements may consist of off-site improvements, the participation in funding for needed thoroughfares, and intersection improvement projects;

(iv) Examples of acceptable mitigation measures might include:

(1) Addition of traffic signals or AWSC or roundabout.

(2) Addition of backage/quadrant roadway for cross access.

(3) Construction of medians, hooded left-turns, and other access management measures.

(4) Innovative intersections such as, RCUT'S, DDI'S, DLT'S, SPUI'S.

(5) Implementation of turn prohibitions.

(6) Optimization of Signal Timing.

(v) If a TIA identifies new traffic signals as mitigation measures, the Signal Warrant Analysis for each new signal must be included in the TIA.

E. Mitigation improvements and roughly proportionate determination.

1. The purpose of the TIA is to identify if any mitigation improvements are necessitated by and attributable to the proposed development. Mitigation improvements required by the city may include the following:

(i) Implementation of the major thoroughfare plan; including right-of-way dedication (right-of-way dedication value shall be determined using the most recent appraisal district land values) and/or construction.

(ii) Improvements inside the TxDOT right-of-way required by the city and/or county, including right-of-way dedication, as approved by TxDOT.

2. For all phased development projects, implementation of the mitigation improvements must be completed no later than the completion of the project phase for which the TIA shows that they are required. Development Applications for project phases subsequent to a phase for which a mitigation improvement is required may be approved only if the mitigation improvements are completed or the funds have been placed in escrow for the improvements.

3. Following the identification of mitigation improvements and any other improvements necessitated by and attributable to the development, the applicant shall utilize the methodology developed and approved by the city to determine if the mitigation improvements identified are roughly proportionate to the impact of the proposed development.

(i) At the conclusion of the TIA, the applicant will summarize all of the mitigation improvements identified in the TIA and the approximate total cost of all mitigation improvements including design, engineering and construction. Mitigation improvements that only serve the proposed development (such as site plan related recommendations, turn lanes at site access locations and traffic signals that are needed to serve the proposed development) and provide minimal to no benefits to the study area roadway network shall not be included in the cost of the mitigation improvements (when compared to the maximum amount of improvements attributable to the proposed development).

(ii) The applicant will utilize the approved methodology made available by the city to determine the maximum amount of improvements (measured in dollars) that may be attributable to the proposed development.

(iii) The applicant shall then compare the cost of the mitigation improvements to the maximum probable amount of improvements that may be attributable to the development.

(1) If the cost of the mitigation improvements is less than or equal to the maximum amount of improvements that may be attributable to the development, then the mitigation improvements identified in the TIA are said to be roughly proportionate to the impact of the development.

(2) If the cost of the mitigation improvements is greater than the maximum amount of improvements that may be attributable to the development, then the mitigation improvements identified in the TIA are limited to an amount roughly equal to the maximum amount of improvements that may be attributable to the development.

(iv) The methodology utilized by the city shall be as follows. The maximum amount of improvements attributable to a development is roughly proportional to the demand created by a development. This value shall be determined (measured in dollars) by multiplying the following values together:

(1) Intensity of the development (using independent variable identified in the ITE Trip Generation Manual, e.g. number of dwelling units, number of one thousand (1,000) square feet of leasable floor area, etc.);

(2) Number of vehicles - the peak hour trip generation rate for the applicable peak hour (from the most current version of the ITE Trip Generation Manual);

(3) Length of the trip - the anticipated trip length to/from the development on the city's thoroughfare network (a minimum value of 2.0 miles and a maximum value of 2.5 miles shall apply); and

(4) Cost per vehicle-mile - the average cost per vehicle-mile for the City of Bee Cave to deliver a typical roadway capacity improvement project based upon the latest Average Unit Price List. The Average Unit Price List shall be reviewed by the City Engineer on a regular basis to ensure the Average Unit Price List is consistent with current construction costs.

(v) Projects within a planned development district where mitigation improvements have been previously constructed at the cost of the applicant shall receive credit for these improvements. The credit for improvements shall be determined using the cost of the improvements at the time they were constructed. This value shall be included with the total cost of the mitigation improvements required to serve the development. The land uses previously constructed or planned for, shall also be included in the calculation of the maximum probable amount of improvements that may be attributable to the development.

F. Turn lane requirements at site access locations. Turn lanes are considered a safety requirement serving the traffic associated with the proposed development. As such, they are not considered mitigation of impacts and are not included in the roughly proportionate determination study in Section 1.1.1 B(iii) and (iv) [2.5.12].

1. The construction of turn lanes may be limited due to topographic conditions or the need to obtain right-of-way from adjacent property owners. The applicant must show that all reasonable efforts have been made to implement turn lanes when required. This may include relocating driveways or roadways to allow for the construction of turn lanes and/or offers to purchase right-of-way from adjacent property owners.

2. Acceleration lanes may be needed for right- and left-turn traffic exiting from a site access location.

(i) Right-turn deceleration lanes are needed when over 200 vehicles per hour are exiting.

(ii) Left-turn deceleration lanes are needed when the operation and safety of the roadway is benefited.

3. Right turn deceleration lanes shall be required:

(i) At all driveways or streets with a daily entering right-turn traffic volume of five hundred (500) vehicle trips or at all driveways or streets with fifty (50) entering right-turn vehicle peak hour trips; and

(ii) At street and driveway intersections in TxDOT right-of-way with 50 peak hour right-turn vehicles; and

(iii) Where unsafe conditions such as limited sight distance, high travel speed, uneven grade, etc. may exist.

4. Left-turn lanes shall be required:

(i) At all median openings;

(ii) If no median - at all driveways or streets with an average daily entering left-turn traffic volume of five hundred (500) vehicle trips or at all driveways or streets with fifty (50) entering left-turn vehicle peak hour trips, or on all Collectors and Arterials if no median;

(iii) At street and driveway intersections in TxDOT right-of-way; or

(iv) Where unsafe conditions such as limited sight distance, high speed, uneven grade, etc. may exist.

G. Administration.

1. The City Engineer, following review, shall take one or more of the following actions on the TIA:

(i) Approve the TIA and direct any necessary mitigation approaches be included in associated agreements, such as Improvement Agreements, if the project has been determined to have no significant impact or where the impacts can be adequately mitigated;

(ii) Deny the TIA request, where the impacts cannot be adequately mitigated.

(iii) Recommend that the density or land use mix of the development be reduced such that it removes impacts that cannot be mitigated.

2. The City Staff, Planning and Zoning Commission, or the City Council, as appropriate based on the type of Development (see Section 3.5 for Zoning requests and Sections 2.1 and 2.2 for Plat requests), may use the TIA as a basis for consideration of associated Development applications.

H. Cost of TIA review by city. The cost for review of TIA submittals shall be based on the size of the development, the type of study and the level of the TIA as shown in the Fee Schedule.

I. Definitions.

Capacity

The maximum number of vehicles that can pass a given point under prevailing roadway and traffic conditions. Capacity represents the ability of a roadway or an intersection to accommodate the vehicular demand.

Crash Analysis

A summary of the crash history at nearby intersections and on adjacent roadways during a specified time period. Crash trends and contributing factors are identified, where present. Where site traffic is anticipated to contribute to or exacerbate an identified crash trend or safety issue, measures to mitigate or reduce the propensity for crashes should be included in the TIA.

Level of Service (LOS)

A qualitative measure of traffic operating conditions based on equations utilizing quantitative values. Level of service (LOS) describes the quality of traffic operating conditions and is rated from "A" to "F". LOS A represents the most desirable condition with the free-flow movement of traffic with minimal delays. LOS F generally indicates severely congested conditions with excessive delays to motorists. Intermediate grades of B, C, D, and E reflect incremental increases in the average delay per stopped vehicle. Delay is measured in seconds per vehicle.

Level of Service analyses conducted as part of a TIA shall be determined using procedures of the latest edition of the Highway Capacity Manual, Special Report 209 published by the Transportation Research Board (TRB).

Modal Split

The percentage of trips by mode. For example, bicycle, walking, single-occupant automobile, shared ride or transit.

Queue Length Analysis

An analysis of vehicle stacking/queueing and identification of the needed lane storage necessary to accommodate anticipated maximum vehicle queues. Typically performed for drive-through facilities, drop-off zones to schools and day care facilities.

Sight Distance Evaluation

An evaluation of the available horizontal and vertical sight distance for entering and exiting traffic movements at access points to a site, intersection, or roadway section.

Signal Cycle Length

The time period, in seconds, required for one complete sequence of traffic signal indications.

Signal Phase

A part of the signal cycle allocated to a traffic movement or any combination of traffic movements.

TIA

A study that provides information to:

1. Identify impacts to the road network, created by the traffic generated by a proposed development; and

2. Determine whether the existing and planned thoroughfare system can accommodate the traffic to be generated by a proposed development; and

3. Identify and evaluate the appropriate improvements and recommendations needed to mitigate the impacts from the development.

TIA Analysis Periods

The designated time periods to be studied and analyzed for assessment of traffic operations as part of a TIA submittal.

Traffic Control Device

Signs, signals, pavement markings, or device placed or erected for the purpose of regulating, warning, guiding, or restricting vehicular traffic or pedestrians.

Traffic Simulation

The use of a computer model to provide detailed analysis of the interaction between traffic, roadway geometry, and traffic control devices.

Trip Distribution

The distribution of estimated peak hour trips generated by the proposed development onto the street system using existing traffic patterns, demographic data, and travel characteristics of land uses.

Trip Generation

The estimated number of trips, entering and exiting, generated by proposed land uses and based on variables that may include building size, type of dwelling unit, employees, land area, etc. Trip generation calculations are typically based on statistical data in the ITE Trip Generation publication or through collection of trip data at similar land uses.

Turn Lane Analysis

A determination of the need for turn lanes and an analysis of storage requirements combined with acceleration/deceleration length requirements for driveways, median openings and intersections based on existing and future roadway volumes, geometry, speeds and traffic controls. The City of Bee Cave utilizes the TxDOT Roadway Design Manual and Access Management Manual for turn lane standards.

Volume/Capacity Ratio (V/C)

The ratio of daily or peak hour traffic volume to the capacity of a roadway, lane or intersection. A V/C at or over 1, represents an over-saturated condition where the capacity of the roadway, lane or intersection exceeds the demand and fails to operate effectively.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.13 Easements, dedications, and restrictive covenants.

A. Purpose. The purpose of this section is to identify and require easements and fee simple dedication of all property needed for the construction of Adequate Public Facilities, including streets, alleys, Common Access Easements, sidewalks, paths, storm drainage facilities, floodways, water mains, wastewater mains, franchise utilities and other public and private utilities, retaining walls and any other property necessary to serve the Plat and to implement the requirements of the UDC and Technical Manual.

1. Easements listed in subsection 2.5.13.A must be provided on a Final Plat, or by separate instrument, and maintained by the property owner.

B. Utility easements.

1. Where not adjacent to a public right-of-way, easements at least sixteen (16) feet wide or as required by the utility, must be provided for utility construction, service, and maintenance must be provided where necessary.

2. Easements for water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities must be at least twenty (20) feet wide or as required by the utility.

3. Additional easements or additional easement width may be required by the Planning and Zoning Commission if deemed necessary by the Planning Director or City Engineer.

4. Easements at least sixteen (16) feet wide or as required by the utility, for utility construction, service, and maintenance must be provided within the front yard of lots that have frontage along state highways, and other arterials as identified on the Thoroughfare Plan. Such easements should be provided along all public Right-of-Way except where otherwise approved by the City Engineer.

5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public right-of-way.

6. The following statement of restrictions must appear in the dedication instrument on the face of the Plat:

Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements that in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of the easements or right-of-way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them.

C. Fire lane.

1. Emergency access and fire lanes must be provided in locations required by the City and meet the requirements of the Fire Code.

2. Fire lanes must have a minimum width of twenty-five (25) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.

3. Fire lanes must have a minimum inside radius of twenty-five (25) feet and a minimum outside radius of fifty (50) feet.

4. Fire lanes that are more than one hundred fifty (150) feet in length must either connect at each end to a dedicated public or private street or to an access easement or built with a turnaround in accordance with adopted Fire Code.

5. Fire lanes must be maintained by the property owner or Property Owners' Association.

D. Roadway easements. See subsection 2.5.9, Streets.

E. Sight visibility zone easements. See Section 6.4, Sight Visibility Zone.

F. Drainage easements.

1. Easements for storm drainage facilities must be provided at locations containing existing or proposed drainage ways in accordance with Article 7, Stormwater Management and the City's adopted Technical Manuals.

2. Storm drainage easements must be provided for existing and proposed enclosed drainage systems as specified in the City's adopted Technical Manuals.

(i) Easements must be centered over the drainage systems unless approved by the City Engineer.

(ii) Easements exceeding the width specified in the City's adopted Technical Manuals, where necessary, must be provided as directed by the City Engineer.

3. Where lot-to-lot drainage occurs, the standards of Section 7.1, General, specifically Section 7.2.1.C.1, apply.

4. Storm drainage easements must be provided for emergency overflow drainage ways with enough width to contain stormwater resulting from a 100-year frequency storm, less the amount of stormwater carried in an enclosed system of a capacity required by the City.

5. Where a Subdivision is bounded by a watercourse, drainage way, channel, or stream, a stormwater easement conforming to the lines of such water course shall be provided, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.

6. As required by the City, drainage easements must be dedicated up to the full width necessary to accommodate the ultimate drainage facility (culvert, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

7. Drainage easement must be provided along natural drainageways and lakes and reservoirs.

8. Drainage easements must be provided in accordance with the recommendation of the City Engineer and the Planning Director to accommodate the fully-developed 100-year storm peak flow rates or the flow of the flood of record whichever is greater.

9. Drainage easements must encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer.

G. Water quality infrastructure easements. Easements for Water Quality Infrastructure must be provided at locations required by the City's adopted Technical Manuals and in conformance with Article 7, Stormwater Management.

H. Natural channels.

1. The following full statement of structures shall be placed in the dedication instrument of the Plat:

Floodplain Drainage Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain drainage easement must be accompanied with detailed Subdivision Construction Plans and studies indicating that the construction will cause no adverse impact, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin.

Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his or her property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

I. Retaining wall easements.

1. If, in the opinion of the City Engineer, the grading plans submitted with the Subdivision Construction Plans for approval of a Final Plat indicate the need for the construction of one or more retaining walls, the City Engineer may, at his or her discretion, require a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone to be dedicated and shown on the Preliminary Plat and the Final Plat.

2. The City will have the right, but not the obligation, to enter the easement for the purpose of maintaining or repairing the retaining wall.

3. The width of the retaining wall easement and the no-building zone will be as established by the Subdivider's structural engineer and approved by the City Engineer.

4. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

(i) No structure (other than the retaining wall), swimming pool, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

5. A retaining wall easement must be located entirely on one lot and not straddle property lines, unless the wall is constructed within a retaining wall easement dedicated to the Property Owners' Association in accordance with subsection 2.5.13.I.6.

6. The property owner, or the Property Owners' Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Final Plat.

J. Needs/benefits determination.

1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the City determines that the dedication is related to the impact of the proposed development; is roughly proportional to the needs created by the proposed development; and provides a benefit to the development.

2. An applicant may appeal a staff recommendation that a dedication be required in accordance with the provisions of Section 2.6, Subdivision Relief Procedures.

K. Maintenance of easement.

1. Easements required in this subsection 2.5.13 are areas established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems.

2. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

3. The property owner shall be responsible for maintaining the easement.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.14 Water utility.

A. General.

1. All Subdivisions must provide an approved water distribution system connected to the existing water system in conformance with all applicable regulations.

2. In the absence of specific standards, all water supply, distribution, pumping, and storage improvements must be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code, Title 30 Chapter 290.

3. The City will make the final determination of the adequacy of the proposed system.

4. Possible phasing of development required.

(i) The City Engineer may require the phasing of development or improvements in order to maintain adequate water capacity in coordination with the PUA or WCID-17 (See subsection 1.4.1, Letters of Certification).

(ii) Subdivisions either in the ETJ, or that have recently been annexed and are not served, must meet the same requirements, subject to approval by the City Engineer.

B. Basic requirements.

1. Water connection.

(i) Any development occurring within one thousand (1,000) feet of an existing or proposed water line shall extend and connect to the City's facilities (or other public utility as determined by CCN).

(ii) The City Engineer or other provider authorized by the TCEQ to provide water service, as appropriate, may authorize an exemption where a connection is not legally possible or topographically practicable.

2. Water main construction. All water mains shall be constructed within the public right-of-way as authorized by the City Engineer or easements dedicated to or available for use by the PUA or WCID-17.

3. Water lines extended to subdivision boundaries.

(i) All water lines installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the distribution system, regardless of whether such extensions are required for service within the Subdivision.

(ii) If due to physical constraints, a new Subdivision will never be constructed beyond a proposed Subdivision, the City Council may approve a Subdivision Waiver (see Section 2.6, Subdivision Relief Procedures) for this requirement prior to action on a Plat or Subdivision Construction Plans.

4. Fire hydrants (locations and hose-lay).

(i) Fire hydrants shall be placed on block corners, or near the center of the block, to provide coverage for every portion of each lot within a radius of five hundred (500) feet in residential areas. Under no circumstances shall a hose-lay exceeding five hundred (500) feet from the fire hydrant be approved.

(ii) In commercial and industrial areas, Fire hydrants must be located so that the entirety of each lot shall be within a radius of three hundred (300) feet. Under no circumstances shall a hose-lay in excess of three hundred (300) feet be approved.

(iii) In addition to the requirements of subitem (i) and (ii) above, a fire hydrant must be placed at the entrance of all cul-de-sacs.

(iv) Hydrants must provide enough pressure for fire protection, in accordance with the Fire Code.

C. Preliminary utility plan.

1. General. A Preliminary Utility Plan shall include the applicable requirements of both subsection 2.5.14, Water Utility and 2.5.15, Wastewater Utility.

2. Illustrate the location and size of water utility and wastewater utility mains.

(i) Concurrent with the submission of a Preliminary Plat or Replat, the Subdivider shall submit a map or plan showing the location and size of Water Utility and Wastewater Utility mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed plat.

(ii) Plans and specifications for fire hydrant systems shall be submitted to the City Engineer for review prior to construction.

3. Coordination with other utility providers.

(i) Preliminary plat. The Subdivider must coordinate with the PUA or WCID-17 to provide a water system analysis pursuant to this subsection 2.5.14 and subsection 1.4.1, Letters of Certification, indicating adequate water supply and water quality.

(ii) Replat.

(1) The Subdivider must provide a letter from the PUA or WCID-17 stating that facilities exist in the area to provide adequate domestic service and fire protection.

(2) If the City has reason to believe that there may be water supply or pressure concerns the City may require a water system analysis indicating adequate water supply and water quality.

(iii) Final plat. The City will withhold approval of the Final Plat until a letter has been provided from the PUA or WCID-17 stating that they have accepted the plans for construction and the Subdivider has posted Fiscal Security.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.5.15 Wastewater utility.

A. General.

1. Approved means of wastewater collection and treatment required. All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment.

2. Possible phasing of development required.

(i) The City Engineer may require the phasing of development or improvements in order to maintain adequate wastewater capacity.

(ii) Subdivisions either in the ETJ or that have recently been annexed and are not served must meet the same requirements subject to approval by the City Engineer in coordination with the PUA or WCID-17 (See subsection 1.4.1, Letters of Certification).

B. Basic requirements.

1. Wastewater connection.

(i) Any development occurring within five hundred (500) feet of an existing or proposed wastewater line shall extend and connect to the existing facilities.

2. Wastewater disposal system required.

(i) A proposed Subdivision must provide an approved wastewater disposal system conforming to the current criteria, plans, regulations and requirements of Travis County, Texas Administrative Code Title 30, Part 1, Chapter 285 On-Site Sewage Facilities and Texas Commission on Environmental Quality On-Site Sewage Facilities licensing requirements.

(ii) The City will make the final determination of the adequacy of the proposed system.

(iii) Lots on the Edwards Aquifer Contributing Zone as depicted on the official map of the TCEQ that will not be connected to the public wastewater system must have an area of at least one-half (0.5) acre. When it is difficult to determine from the maps of the TCEQ whether particular lots lie within the Contributing Zone, the City may make the determination, based upon a geological inspection of the site by a professional geologist competent to perform this task. The geologist must be approved by the City Engineer prior to conducting the inspection and the inspections shall be conducted at no cost to the City. Any rules or regulations required by Travis County must be met in addition to this section.

3. Wastewater lines extended to subdivision boundaries.

(i) All laterals and sewer mains installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the Subdivision.

(ii) If due to physical constraints, a new Subdivision will never be constructed beyond a proposed Subdivision, the City Council may approve a Subdivision Waiver (see Section 2.6 Subdivision Relief Procedures) for this requirement prior to action on a Plat or Subdivision Construction Plans.

C. Preliminary utility plan. For any application for a Preliminary Plat, or when required by the UDC, a Preliminary Utility Plan for Wastewater Utility pre-submittal requirements shall be prepared by the Subdivider.

(Ordinance 475 adopted 6/28/22)

§ 2.5.16 Miscellaneous.

A. Underground utilities.

1. All distribution lines, cables, etc. for utilities must be installed below ground within the Subdivision to eliminate the necessity for disturbing the street, curb and gutter, sidewalk and other services and structures when making connections.

(i) When a new Subdivision develops in an area with existing above ground utility lines, the Subdivider is responsible for locating the lines within the subdivision and along its perimeter underground.

(ii) All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, must be pad- or ground-mounted, or must be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad- or ground-mounted utility equipment must be completely screened from view of any public roadway, and not be located within any required visibility area, such as Sight Distance Zones at intersections or at driveway openings.

2. The Subdivider must provide separate service lines for water and wastewater to each lot, unit, or point of metering if required by the public utility.

3. The Subdivider shall coordinate with all other appropriate utility companies for the extension of their respective utility lines and service to and within the subdivision and for any costs or refunds of such cost.

4. All internal telephone lines, cable television lines, electric lines, and utility lateral and services lines and wires shall be placed underground except as otherwise herein provided.

(i) In unique or unusual circumstances (see Section 2.6, Subdivision Relief Procedures), or to avoid undue hardships, the City Engineer may approve a Subdivision Waiver to permit the construction and maintenance of overhead electric utility lateral or services lines and of overhead telephone and cable TV lines. The City Engineer must approve the Subdivision Waiver before the Planning and Zoning Commission approves a Final Plat for the property.

(ii) Utility approval for final plats and site plans.

(1) All multi-family Site Plans must display signature approval by utility companies before the City will issue a Building Permit.

(2) No Final Plat or Site Plan shall be approved, and no building permit will be issued, without utility company approval.

(iii) Where electrical service is placed underground, other Public and Private Facilities must also be placed underground.

(iv) All electrical, cable television, and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in Subdivisions must be pad mounted and completely screened from view of any public roadway or placed underground consistent with Section 5.1.2.

(v) Unless specifically stated otherwise, the utility may provide temporary construction service by overhead utility lines and facilities without obtaining a waiver, provided that when the underground utility service to any portion of a Subdivision is completed, the utility promptly removes the overhead electric lines and facilities. A Certificate of Occupancy will not be granted for any building or development if a temporary service has not been removed.

5. All installations regulated by the provisions set forth herein shall be in conformance with the intent of this ordinance and shall conform to any regulations or specifications that the various public utility companies may have in force from time to time.

6. This subsection 2.5.16 does not require any existing facilities to be placed underground when there is no proposed Subdivision.

B. Company notification to city. All utility companies will notify the City, in writing, at least forty-eight (48) hours before digging, boring, drilling, etc.

(Ordinance 475 adopted 6/28/22)