City of Alvarado, TX GENERAL REQUIREMENTS AND DESIGN STANDARDS

Conformity to major street plan.

The arrangement, character, extent, width, grade, and location of all streets shall conform to the city thoroughfare plan and the design standards and shall be considered in relation to existing and planned street or driveways, to topographical conditions, to public safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve strips of land controlling access to or egress from other property, or to or from any street or alley, of having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision.

Streets not on thoroughfare plan.

When such a street is not on the thoroughfare plan, the arrangement of streets in a subdivision shall:

Provide for the continuation or appropriate projection of existing streets in surrounding areas;

Conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impracticable;

Provide for future access to adjacent vacant areas that will likely develop under a similar zoning classification; and

Not conflict in any way with existing or proposed driveway openings.

Through traffic discouraged on minor streets.

Minor residential streets shall be so laid out that their use by through traffic will be discouraged, but access is provided to adjacent subdivisions.

Through traffic.

Where a subdivision abuts or contains an existing or proposed arterial street, the city council may require marginal access streets, reverse frontage, deep lots with rear service alleys, or such treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic.

Reserve strips.

Reserve strips controlling access to streets shall be prohibited, except where control is definitely placed by the city under conditions approved by the city council. When provisional one-foot reserves are used along the side or end of streets that abut acreage tracts, the following note shall be used in all such dedications: One-foot reserve to become automatically dedicated for street purposes when adjacent property is subdivided in a recorded plat, and access to dedicated tract is hereby prohibited until such action occurs.

Street offsets.

Intersecting streets with centerline offsets of less than 125 feet shall be prohibited.

Large-lot subdivisions.

If the lots or tracts of land in the proposed subdivision are large enough to accommodate resubdivision in the future or if part of the tract is not subdivided, consideration must be given to possible future street openings and access to future lots that could result from such resubdivision.

Street intersections.

Arterial intersections shall be between 85-degree and 95-degree angles and each leg shall be tangent for a distance of at least 50 feet from the intersection. Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than 70 degrees.

(i)

Street widths.

Street right-of-way widths shall be as shown on the thoroughfare plan and where not shown therein shall be not less than those shown in the design standards.

(j)

Half streets.

Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of these regulations and the thoroughfare plan, and where the planning and zoning commission finds it will be practical to require the dedication of the other one-half when the adjoining property is subdivided. If the subdivider is responsible for one-half of the street, the subdivider shall escrow the amount of the construction cost of the facility unless the city participates in the construction of the facility. Whenever a partial street previously has been platted along a common property line, the other portion of the street shall be dedicated. Improvements shall be made to all on-site facilities as defined herein.

(k)

Cul-de-sacs.

A cul-de-sac street shall not be longer than 600 feet and at the closed end shall have a turnaround having an outside roadway diameter of at least 80 feet and a street property line diameter of at least 100 feet. The cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac turnaround.

(l)

Dead-end streets.

Dead-end streets are not allowed except to provide for access to adjacent land areas and in no case shall be more than 250 feet in length or equal to one lot depth, whichever is greater. A dead-end street may be up to 600 feet long if a temporary cul-de-sac is provided according to the above standard. The following note should be placed on the plat: "Cross-hatched area is temporary easement for turnaround until street is extended (give direction) by future improvements." Proper provision shall be made for drainage at the ends of dead-end streets. In the event an existing dead-end street is extended, the subdivider extending such street must, at his cost, remove the turnaround facilities, construct the extension to the standards contained herein and restore the affected area compatible with adjacent property.

(m)

Street names.

New streets that are an extension of existing streets shall bear the names of the existing streets and shall be dedicated at equal or greater widths than the existing streets. No new street names shall be used that will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning and zoning commission.

(n)

Street signs.

The total cost of street signs shall be furnished to the city by the subdivider for all intersections within or abutting the subdivision. The cost of street signs will be established by resolution of the city council. Traffic signs shall be furnished in accordance with the latest state manual on uniform traffic control devices.

(o)

Streetlights.

Streetlight locations and installations shall be coordinated by the subdivider with the power company and the city. It shall be the subdivider's responsibility to install streetlights with metal poles (or approved similar material) a maximum distance of 600 feet apart, at intersections, and at the ends of culs-de-sac. The subdivider shall pay for the electricity used by the streetlights until building permits are issued for 80 percent of the lots after which time the city shall pay for the cost of electricity used.

(p)

Street construction conditions.

All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the design standards for the city at the time at which the final plat is approved and adhere to the following conditions:

The subdivider shall employ a civil engineer, experienced in street design and duly licensed to practice in the state, for the preparation of the street plans and profiles. These plans shall be subject to the review and acceptance by the city. Construction shall explicitly follow these approved plats, unless specific written concurrence is obtained from the city engineer for deviations from said plans.

The subdivider shall employ a registered professional land surveyor or civil engineer to provide construction staking for the street facilities.

All streets shall be constructed by an eligible contractor employed by the subdivider. Eligibility shall be determined by the city based on work history. Eligibility requirements shall be equally applicable to all contractors. Ineligibility may be appealed to the city council.

The streets, including parkways, shall be excavated to the line and grade shown on the construction plans approved by the city.

(5)

Standard pavement widths and sections shall be constructed on a prepared subgrade in accordance with the design standards for the city.

(6)

Standard curb and gutter shall be constructed on both sides of the street and adjacent to medians, where applicable, including all curb returns, in accordance with the design standards for the city, and to the line and grade shown on the construction plans accepted by the city.

(7)

The city shall provide inspection services during the construction; however, such inspection shall be only for the purpose of ensuring that the city-approved plans and specifications are complied with and that the completed work is obtained therein described. The subdivider and his engineer shall retain responsibility for the design and for ensuring that construction is completed in accordance with the city-accepted plans and specifications.

(q)

Pavement widths.

Pavement widths shall be 30 feet from face of curb to face of curb on residential streets with curbs. All streets shall be considered residential for width design purposes, unless one of the following conditions exists:

Designated as a collector, minor arterial, or principal arterial by the city's thoroughfare plan;

The street serves more than 30 dwelling units;

Adjacent to or serving commercial, multifamily, or industrial land use or in a residential subdivision where, in the opinion of the city's planner, additional street width is indicated for property access and circulation; and

Where, in the opinion of the city or in the opinion of the subdivider with the concurrence of the city, the aesthetic value achieved from extra width is dictated by special conditions (such as the entrance to a subdivision).

In the case of subsection (q)(1) of this section, the subsection to be constructed shall be in accordance with the thoroughfare plan or a revision thereof based on updated conditions. In the case of subsection (q)(2) of this section, a collector street shall be the minimum street section used. In the case of subsections (q)(3) and (4) of this section, each condition shall be studied individually and approved by the city prior to approval of the subdivision in question.

(r)

Access and entrances.

Subdivisions generally shall provide one point of access in each direction (north, east, south, and west) to adjacent property or to a roadway. All residential development shall provide no less than one entrance for each 50 lots including stubs for future development and in no case shall have more than 150 lots for each connection to an existing road.

(s)

Designated streets not to be private.

Dedicated streets and rights-of-way shall not be designated or used as private streets and such use is prohibited.

(t)

Traffic studies may be required.

Where traffic conditions require, traffic engineering studies may be required by the planning and zoning commission or the city council from the subdivider to provide technical data.

(u)

Alleys in commercial and industrial districts.

Alleys shall be optional in commercial and industrial districts. Service alleys in commercial and industrial districts shall be a minimum right-of-way of 30 feet and pavement width of 20 feet.

(v)

Alleys in residential districts.

Alleys are optional for all attached and detached single-family residential and duplex (two-family residential) lots that are equal to or greater than fifty (50) feet in width at the front building line. Alleys are required for all attached and detached single-family residential and duplex (two-family residential) lots that are less than fifty (50) feet in width at the front building line. If alleys are constructed or required, the following standards shall be met:

In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street. Alleys in residential districts shall provide a minimum of 20 feet of right-of-way and 15 feet of pavement;

Alleys shall be paved in accordance with the design standards for the city at the time of subdivision construction;

Where the deflection of alley alignment occurs, the design of the paving and property line shall be as established by the design standards for the city.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end as approved by the city.

(5)

Alleys may not exceed a maximum length of 800 feet unless otherwise approved by the planning and zoning commission and the city council.

(6)

No garbage or trash shall be deposited or collected in the alleyways.

(7)

No driveway shall access a street when an alley is available unless specifically allowed in writing by the city engineer.

(w)

Specifications for materials and workmanship.

Specifications for materials and workmanship shall conform to the Standard Specifications for Public Works Construction, published by the North Central Texas Council of Governments.

(x)

Streets in ETJ.

Notwithstanding anything to the contrary herein, all streets constructed within the city's ETJ shall be constructed to conform to the design standards adopted by Johnson County, Texas.

(Ordinance 99-029, sec. 8.2, adopted 4/26/1999; Ordinance 2017-008, sec. 2, adopted 6/19/2017; Ordinance 2023-0009 adopted 4/17/2023)

§ 34-165 Water and sanitary sewer.

Approved water and sewer system required.

Subdivisions within the city and its extraterritorial jurisdiction shall be provided with an approved water supply and distribution system and with an approved sewage collection and disposal system. An adequate water supply and distribution system and sanitary sewer system, consistent with the master plan for water and sanitary sewer, shall be a condition of plat approval. For development located within the city's ETJ, a water supply and distribution system shall be considered adequate if it is licensed by the state or is a private well as permitted by applicable state regulations. A sewage collection and disposal system for a development located within the city's ETJ shall be considered adequate if it complies with Johnson County regulations governing sewage collection and disposal.

Subdivider to provide water and sewer facilities.

The subdivider shall install all water and sanitary sewer facilities needed to serve the development and shall extend all water and sanitary sewer mains and appurtenances necessary to connect the development with the city's water supply and distribution system and with the city's sanitary sewer system.

City approval required for water and sewer system extensions.

Extension of water and sanitary sewer lines to serve newly subdivided or platted land shall be authorized by the city only upon determination that all facilities necessary to serve the development are adequate. All extensions of water and sanitary lines must be approved by the city. If alternatives exist as to these extensions, the city shall have the authority to determine the most appropriate alternative. The city shall retain the authority to reject any extension not deemed to be in the best interest of the city.

On-site sewer systems.

In locations where sanitary sewers are not available and where there are no immediate prospects for the installation of sanitary sewer, on-site sewer systems of an approved type may be installed in conformity with the rules, regulations, and ordinances of the county. In no case shall on-site sewer systems be installed without expressed approval and inspection by the city.

Minimum main sites.

Sanitary sewer mains shall be a minimum of six-inch lines for residential development and a minimum of eight inch lines for all other development as determined by the city or as required to serve the development. The city may require oversizing in order to serve the remainder of the drainage basin beyond the property being served. Water mains shall be a minimum of six include lines for residential development and a minimum of eight-inch lines for all other development as determined by the city or as required to serve the development. In addition, the water mains shall be sized in accordance with the water system master plan. All water and sanitary sewer mains shall be extended through the development or across the frontage of the property along streets, alley, or in easements in order to provide service to adjacent property where applicable.

Facility locations to conform to master plan.

The location of all water and sanitary sewer lines and appurtenances thereto necessary to serve platted land shall be in accordance with the city's master plan for water and sanitary sewer facilities.

City may participate in oversized facility improvements.

The city may participate in any oversized lines required to serve land areas and improvements beyond the subdivision and the terms of such participation shall be approved by the city council.

Construction to conform to design standards.

Construction of all water and sanitary sewer facilities required by these regulations shall be in accordance with the requirements and specifications contained in the design standards for the city, the regulations of the state natural resource conservation commission, state water commission, state department of insurance, and the currently adopted International Fire Code, which are incorporated herein by reference and made a part hereof.

(i)

Specifications for materials and workmanship.

The specifications for materials and workmanship shall conform to the Standard Specifications for Public Works Construction, published by the North Central Texas Council of Governments.

(Ordinance 99-029, sec. 8.3, adopted 4/26/1999; Ordinance 2017-008, sec. 3, adopted 6/19/2017)

§ 34-166 Storm drainage.

Storm drainage facilities required.

Underground storm drainage facilities shall be provided where the run-off stormwater and the prevention of erosion can be accomplished satisfactorily by surface drainage. All drainage facilities shall be constructed in accordance with the comprehensive plan and city requirements.

Subdivider to provide storm drainage facilities.

The subdivider shall bear all costs of storm sewer and drainage facilities required to serve subdivided property. The city will not accept any storm sewer or drainage facility until inspected and approved by the public works director for compliance with the regulations. No such facility will be approved to serve illegally subdivided property. If the city requires large storm sewer or drainage facilities than are necessary to serve the subdivision in order to provide for future development, the city will consider participation in such oversize contract for the cost of such to be recovered from subdividers of property that will connect to such lines.

Adequate facilities required.

An adequate storm sewer system consisting of inlets, pipes, and other underground structures with approved outlets and channels shall be constructed where runoff or stormwater and the prevention of erosion cannot be accommodated satisfactorily by surface drainage facilities. Areas subject to flood conditions will not be considered for development until adequate drainage has been provided.

Construction to conform to design standards.

The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and any other drainage facilities shall conform to the latest Storm Drainage Criteria and Design Manual of the City of Fort Worth. A Corps of Engineers permit shall be obtained by the subdivider for proposed earthen channels and altering existing channels or creeks. Earthen channel side slopes shall be 4:1 or flatter.

Specifications for materials and workmanship.

The specifications for materials and workmanship shall conform to the Standard Specifications for Public Works Construction, published by the North Central Texas Council of Governments.

(Ordinance 99-029, sec. 8.4, adopted 4/26/1999)

§ 34-167 Lots.

Lot size.

On the basis of the land use district (single-family, residential, duplex, multifamily, commercial, retail, office, mobile home, industrial, etc.) in which they lie and the use to which they are to be put, all lots or tract sizes must conform to the zoning regulations of chapter 42, including minimum area, width and depth.

Lot width definition.

The lot width is the minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto, unless otherwise defined.

Corner lots.

Corner lots with a width of less than 65 feet are to be at least five feet wider than average of interior lots in the block. Corner lots with a width of less than 75 feet adjacent to a major thoroughfare are to be at least 15 feet wider than the average of interior lots in the block.

Key lots.

Where corner lots are key lots, the corner lot shall have a front building line on both streets, unless said key lot is separated from other lots by a dedicated street or alley.

Lot depth.

No lot shall be platted less than 100 feet in depth. In cases where an irregularly shaped tract is platted into lots and remnant piece of property is of sufficient area to plat one or more lots, the council may waive the depth requirement to prevent a hardship on the developer.

Lots on major streets.

Lots facing or backing on major streets shall be at least ten feet deeper than average lots facing on adjacent minor streets.

Lots on drainage easements.

Minimum usable lot depths for lots backing on natural drainage easements shall be not less than 100 feet measured between front lot line and drainage easement.

Lot shape.

Lots should be rectangular insofar as practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed 2-1/2 times. Irregular shaped lots shall have sufficient width at the building line to meet frontage requirements for the appropriate zoning district.

(i)

Lot lines.

Side lot lines should be perpendicular or radial to street frontage.

(j)

Lot facing.

Street frontage.

Each lot shall be provided with adequate access to an existing or proposed public street by frontage on such street not to be less than 40 feet.

Double front.

Double frontage lots are prohibited except when backing on major thoroughfares. Where lots have double frontage, a front building line shall be established for each street.

Front facing.

Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing adjacent lots at right angles to each other should be avoided.

(k)

Lot numbering.

All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat.

(l)

Driveway restrictions.

Rear and side driveway access to major thoroughfares shall be prohibited.

(m)

Replatting.

Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the city council. The replat of the subdivision shall meet all the requirements for a subdivision that may be pertinent. However, if the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, etc., then no engineering plans will be required.

In the event the proposed replat involves property which has been previously developed or zoned as single-family or duplex residential use, then special requirements are as follows:

After an application is filed for a replat affecting single-family and duplex property, the city secretary shall cause a notice of the application to be published in the official newspaper of the city at least 15 days before the date of the city council meeting at which it is to be considered. Such notice must include a statement of the time and place at which the city council will meet to consider the replat and to hear protests to the revision at a public hearing. Additionally, written notice must be sent to all owners of property located within 200 feet of the property upon which the replat is requested. Such notice may be served by depositing the notice, properly addressed and postage paid, at the local post office.

If 20 percent or more of the property owners to whom notice has been required to be given above file a written protest of the replatting before or at the public hearing, then the affirmative vote of at least three-fourths of the city councilmembers is required to approve the replat.

(Ordinance 99-029, sec. 8.5, adopted 4/26/1999; Ordinance 2011-029, sec. 1, adopted 8/15/2011)

§ 34-168 Blocks.

Block length.

Blocks shall not be more than 1,320 feet in length.

Block width.

Blocks shall be wide enough to allow two tiers of lots with a block width no less than 220 feet, except when prevented by the size of the property or the need to back-up to a major thoroughfare. Where no existing subdivision controls, the block width of depth shall be platted to give lots with a depth-to-width ratio of generally not more than 2.5:1.

Crosswalks.

Crosswalk easements of 15 feet in width across blocks exceeding 800 feet in length shall be dedicated where deemed necessary by the city council.

Block numbering.

Blocks are to be numbered consecutively within the overall plat and/or sections of an overall plat as recorded only when previous units of subdivision have numbered blocks, otherwise blocks shall not be numbered.

(Ordinance 99-029, sec. 8.6, adopted 4/26/1999)

§ 34-169 (Reserved)

Editor's note—Ordinance 2011-029, § 2, adopted Aug. 15, 2011, repealed § 34-169, which pertained to building lines and derived from Ordinance 99-029, § 8.7, adopted April 26, 1999.

§ 34-170 Easements.

Size.

The size of easements where alleys are not provided shall not be less than ten feet on each side of rear lot lines. Easements along side lot lines shall be not less than ten feet in width. However, while deemed necessary by the planning and zoning commission and/or the city council, such easements may be required to be 20 feet in width.

Use.

Where necessary, easements shall be retained for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines or other utilities. Such easements may be required across parts of lots (including side lines) other than as described above if the city council determines that same is needed. Any easements so established shall be maintained by the property owner. All easements may be included in the computation of lot sizes, with the exception of drainage easements, which will be in addition to the specified lot size.

Drainage easements.

Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a storm easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by The zoning administrator that will be reasonably adequate for the purpose. Parallel streets or parkways may be required in connection with these easements. The drainage shall be designed to eliminate erosion of adjoining property and to facilitate routine maintenance.

(Ordinance 99-029, sec. 8.8, adopted 4/26/1999)

§ 34-171 Monuments.

Monuments consisting of three-quarter-inch diameter steel rods 24 inches long shall be placed at all corners of block lines, the point of intersection of alley and block lines, and at points of intersections of curves and tangents of the subdivision.

Lot markers consisting of one-half-inch diameter steel rods shall be placed at all lot corners.

(Ordinance 99-029, sec. 8.9, adopted 4/26/1999)

§ 34-172 Restrictions for permit.

No building permit nor any water, sewer, plumbing, or electrical permit shall be issued by the city to the owners or any other person with respect to any property in any subdivision covered by this article until:

Such time as the developer and/or owner has complied with the requirements of this article and the approved final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets with proper base and paving, curbs and sewers and alleys;

An escrow deposit has been made with the city secretary, such deposit being sufficient to pay for the cost of such improvements and being accompanied by an agreement signed by the developer and/or owner authorizing the city to make such improvements at prevailing private commercial rates, or to have the same made by a private contractor and pay for the same from the escrow deposit. Cost of such improvements is to be determined by The zoning administrator and computed on a private commercial rate basis. Should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, the city shall in no case be obligated to make such improvements itself, except that such deposit may be used by the owner and/or developer as a progress payment as the work progresses by making certified requisition to the city secretary when supported by evidence of work done; or

The developer and/or owner files a corporate surety bond with the city secretary in a sum equal to the cost of such improvements for the designated area, guaranteeing the installation thereof with the time stated in the bond, which time shall be fixed by the zoning administrator.

(Ordinance 99-029, sec. 8.10, adopted 4/26/1999)

§ 34-173 Reservations.

Permitted purposes.

No land contained in the proposed subdivision shall be reserved for any use other than a use permitted by the zoning regulations of chapter 42 for the district in which the land to be reserved is located.

Designation on plat.

The specific use for which each piece of land is to be reserved must be shown by appropriate label or description on the subdivision plat. Provision for future abandonment of a reservation as may be appropriate must likewise be shown on said plat.

Parks and playgrounds.

The location and size of parks and playgrounds shall be in accordance with the city's park sites plan.

Schools.

The location and size of school sites shall be in accordance with the city's school sites plan, if any, and with the requirements of the school district.

(Ordinance 99-029, sec. 8.11, adopted 4/26/1999)

§ 34-174 Variances.

When a subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site, in the opinion of the planning and zoning commission and/or the city council a departure may be made without destroying the intent of such provisions, the city council may authorize a variance. The council shall consider the nature of the proposed usage of land involved, the existing usage of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance on traffic conditions and public health, safety, convenience, and welfare of individuals in the vicinity. No variances will be granted unless the council finds the following:

There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.

The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant and the granting of the variance will not be detrimental to the public health, safety, or welfare of individuals, or injurious to other properties in the area.

The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this chapter. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.

Any variance thus authorized is required to be entered in writing into the minutes of the commission and/or the city council and the reason which justified the departure to be set forth, and such variance must be authorized by affirmative vote of not less than two-thirds of the entire members of the city council.

(Ordinance 99-029, sec. 8.12, adopted 4/26/1999)

§ 34-175 Inspection of construction.

The city shall be given opportunity to inspect all phases of the construction of improvements for subdivisions. The subdivider, or his contractor, shall maintain daily contact with the city engineer, or his representative, during construction of improvements.

No sanitary sewer, water, or storm sewer pipe shall be covered without approval of the city engineer or his representative. No concrete shall be poured for streets, structures, or curbs and gutters without said approval. No flexible base material shall be placed on the street subgrade, or asphaltic surface applied to the flexible base of a street without said approval.

(Ordinance 99-029, sec. 8.14, adopted 4/26/1999)

§ 34-176 Driveway spacing and common access easements.

Purpose and intent.

The purpose of this section is to promote the following public purposes:

Providing for safe and efficient vehicular access to or from commercial, industrial and multi-family property and public or private streets while maintaining vehicular access to and from the street system to all properties;

Reduction of unnecessary traffic congestion and vehicular accidents caused by the number of conflicting turning movements;

Preservation of the capacity of public streets during peak traffic volumes by minimizing disruption of smooth traffic flow caused by frequent vehicular turning maneuvers and resulting slowing of traffic;

Promotion of orderly, efficient and attractive development of commercial, industrial and multi-family properties and visibility of commercial businesses, thereby resulting in the promotion of business, tax revenue, and quality of life of residents.

It is the intent to achieve these purposes by providing for the optimal spacing of driveways, by prohibiting the indiscriminate location and spacing of driveway access within close proximity to other existing or planned driveway access and street intersections, and requiring the creation of cross-access easements to minimize the number and insure safe location of driveway accesses.

Definitions.

For the purpose of this section, the following words and terms shall have the meanings provided in this subsection. If not defined in this subsection, words and terms shall have the meanings ascribed thereto in the subdivision ordinance, zoning ordinance, thoroughfare plan, or other ordinances of the city. Words and terms defined in multiple ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this subsection shall control.

Applicant

means any owner, authorized agent, lessee, contractor or developer who desires to construct, reconstruct, relocate or in any way alter the design of a driveway.

Arterial

means any existing or future roadway classified as an arterial in the thoroughfare plan.

Collector

means any existing or future roadway classified as a collector in the thoroughfare plan.

Common access easement

means an easement allowing public and private vehicular and pedestrian access onto, across, through and from a property to an adjacent property and/or to an adjacent public or private street for the joint use of each affected property, in order to facilitate the public purposes of this section and comply with the requirements of this section. Common access easements shall be created by dedication on the final plat of the subject properties, or by separate instrument recorded with the county clerk with a copy filed with the city.

Director

means the director of public works or that person's designee.

Driveway

means pavement or improved surface on a property designed and intended for vehicular traffic onto, across, through and from a property, including but not limited to the driveway approach. The driveway is the area located both within public right-of-way and extending onto a property when necessary to ensure safe entry and exit from the driveway onto and from the street and/or to provide vehicular access to and from another property.

Driveway approach

means that portion of the driveway that provides planned vehicular access connection between a property and a public or private street. The driveway approach is primarily located within public right-of-way but may be considered to extend onto a property when necessary to ensure safe entry and exit from the property onto and from the street.

Driveway, commercial

means a driveway providing vehicular access onto, across, through and from commercial property, excluding service driveways. The principle use of commercial driveways will be automobile traffic with only incidental use by truck traffic.

Driveway, common

means a driveway constructed to provide access onto, across, through and from two or more properties.

Driveway, industrial

means a driveway providing vehicular access onto, across, through and from industrial property, excluding service driveways. The principle use of commercial driveways will be automobile traffic to and from administrative or employee parking lots, with only incidental use by truck traffic.

Driveway, multi-family

means a driveway which provides access to multi-family property.

Driveway, residential

means a driveway which provides access to residential property.

Driveway, service

means a driveway whose principle use is to provide ingress and egress for truck movements to and from loading docks located on commercial or industrial property. For the purposes of this section, a truck is any vehicle or combination of vehicles (e.g. tractor-trailer) with a gross vehicle weight of 26,001 pounds or greater.

Driveway, temporary

means a driveway permitted by the city in accordance with this section for a limited specified time or until an adjacent property develops or until a common access easement can be created on an adjacent property, at which time the temporary driveway is to be removed and the street restored.

Frontage road

means driving lanes within state right-of-way that parallel the principal highway or freeway driving lanes and which provide direct access to properties adjacent to such right-of-way.

Local street

means any future or existing roadway designed to provide direct access to residential property and providing internal traffic circulation within residential neighborhoods.

Property

means a single tract or individually-platted lot of real property.

Property, commercial

means property which is either zoned or used, wholly or partially for offices, the wholesale or retail sale of goods and services, or for community services such as parks, schools, places of worship and governmental facilities.

Property, industrial

means property which is either zoned or used, wholly or partially for industrial purposes, and property other than commercial property, multi-family property or residential property, as defined in this section.

Property, multi-family

means property which is either zoned or used for private residential use, and containing four or more attached dwelling units.

Property, residential

means property which is either zoned or used for a single-family residence, a duplex or a multi-family building containing three or fewer dwelling units.

Permit required.

No person shall construct, reconstruct, relocate or in any way alter the design or operation of any commercial, industrial, multi-family or service driveway without a driveway approach permit issued by the city. In no event shall a driveway be allowed or permitted if it is determined by the director to be detrimental to the public health, safety and welfare. No permits for other building construction or site work, including grading and paving, shall be issued for commercial, industrial, multi-family, or service driveways until a site plan meeting the requirements of this section has been approved by the director and an appropriate permit issued.

Driveway permits shall be issued only in compliance with this section and the other ordinances of the city, and may include terms and conditions authorized by this section.

Common access easements.

Any commercial, industrial or multi-family property with sufficient frontage to safely meet the design requirements of subsection (f) may be permitted their own driveway(s). Common access easements may be required between adjacent properties if any such property does not meet the design requirements of subsection (f).

If an applicant is required to use one or more common driveways, the applicant shall be responsible for obtaining common access easements on and over adjacent properties as necessary. The city may, but shall not be required to, assist in the acquisition of off-site common access easements if the applicant is unable to acquire them. With a request for assistance, the applicant shall provide the city with documentation of the applicant's efforts, including evidence of a reasonable offer made to the owner of the adjacent property. Upon such a written request for assistance, the city may attempt to acquire the needed common access easement through negotiations.

If the negotiations are unsuccessful, the applicant may submit a request to the city council for consideration of acquisition of the required common access easement through condemnation, or, if the adjacent property has not yet developed, the applicant may apply for consideration of a temporary driveway as provided in this subsection.

If the applicant chooses to pursue an off-site common access easement, including through condemnation by the city, the total cost of the acquisition and the cost of the common access easement shall be paid by the applicant.

(5)

If the applicant chooses to pursue a temporary driveway, the applicant shall submit an application explaining the efforts made to obtain the required common access easement and any reasonable alternatives, and a detailed site plan and specifications for the proposed temporary driveway. The applicant shall be responsible for the cost of installation, maintenance and removal of the temporary driveway, and shall provide financial security to remove the temporary driveway and replace or repair the street as needed upon development of the adjacent property and the creation of the required common access easement. Approval of a temporary driveway and the terms of such approval shall be determined by the director applying the goals and purposes of this section.

(6)

If a required common access easement cannot be acquired using the methods described herein, and if the city elects not to acquire the common access easement through condemnation, the applicant shall present alternate driveway locations and designs in conformance with this section and other ordinances of the city.

(7)

The use of a common or shared driveway approach shall be permitted provided that such use purpose is expressly allowed and reflected by dedication of a joint-use private access easement on the final plat of each affected property, or be by separate instrument recorded with the county with a copy forwarded to the city.

(8)

A common access easement shall encompass the entire width of the planned driveway plus an additional width of one foot on both sides of the driveway. At a minimum, the common access easement must be 26 feet wide and must be located no closer than ten feet to the right-of-way, and must extend to the street at all allowed driveway approach locations.

Application to existing driveways.

Upon application for building permit or certificate of occupancy, existing driveways that are not in conformance with this section shall be brought into compliance at the expense of the applicant as a condition of the building permit or certificate of occupancy if one of the following conditions exists:

The director determines that existing use of the driveway is projected to increase in actual or proposed daily design hour volume by 20 percent or more.

The director determines that the change in the use of the property or modifications to the property impacts the flow of vehicles entering or exiting the property in a manner which is anticipated to disrupt normal traffic flow in the public street, thereby creating a hazard. Changes in the property which could require conformance to this section may include, but is not necessarily limited to, change in type of business, expansion in an existing business, subdivision which creates new parcels, or physical modifications to the site other than advertising, landscaping, general maintenance, aesthetics, or other changes that do not affect internal or external traffic flow or safety.

The buildings on the property are projected to increase in size by 20 percent or more.

Design criteria and standards.

The following design criteria and standards shall be followed in the design and construction of driveways within the city. Distances between driveways and streets shall be measured from the centerline of the driveway and from the closest point of the right-of-way at the street intersection. Distances between driveways and other driveways shall be measured centerline to centerline.

Driveways on Interstate 35 frontage roads, Interstate 35 Business, and U.S. Highway 67, and any other state or federal highways shall be designed in accordance with applicable federal and Texas Department of Transportation (TxDOT) access control guidelines.

Regardless of the type of street, full access driveways shall not be located closer than 250 feet of an intersection of Interstate 35 right-of-way, Interstate 35 Business right-of-way, or U.S. Highway 67 right-of-way. Driveways to be constructed within 250 feet of an intersection of Interstate 35 right-of-way, Interstate 35 Business right-of-way, or U.S. Highway 67 right-of-way shall be right-in/right-out only, but in no event shall such driveway be located closer than 150 feet from such intersection.

Commercial, industrial, service and multi-family driveways on arterials shall not be constructed closer than 250 feet from any street intersection and not closer than 250 feet from any other existing commercial, industrial, multi-family or service driveway.

Commercial, industrial, multi-family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other street access. In the event there is no other street access, commercial, industrial, multi-family and service driveways shall be permitted on collector or local streets, but commercial, industrial, multi-family and service driveways on collector streets shall not be constructed closer than 150 feet from any street intersection and not closer than 150 feet from any other existing commercial, industrial, multi-family or service driveway, and commercial, industrial, multi-family and service driveways on local streets shall not be constructed closer than 150 feet from any street intersection and not closer than 100 feet from any other existing commercial, industrial, multi-family or service driveway.

Modifications, variances and appeals.

Modifications may be granted by the director from the design criteria and standards set forth in this section under unique circumstances whenever needed to recognize unique extenuating circumstances or preserve the health, safety and welfare of the public, provided the modifications provide the same degree of protection, and provided that the modifications are in conformity with the intent and purpose of this section. The director may defer any request by an applicant to the city council for final determination. In considering a request for modification, the director may require a traffic impact analysis be prepared and signed by a registered professional engineer in the state that certifies the existing traffic conditions and determines the projected traffic to be generated by a proposed development to assist the director in the director's analysis.

Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision of the director regarding modifications to this section shall file a written appeal to the director who shall place the request on the agenda for consideration by the city council. The city council shall have the authority to grant a variance from the requirements of this section. In granting any variance, the criteria to be applied by the city council is whether all of the following apply:

A literal enforcement of the regulations herein will create an unnecessary and unreasonable hardship on the applicant;

The situation causing unnecessary hardship or practical difficulty is unique to the affected property;

The situation causing unnecessary hardship or practical difficulty is not self-imposed by the applicant's own actions and decisions;

The variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and

The granting of the variance will be in harmony with the spirit and purpose of this section.

The decision of the city council shall be final.