ORD 2009-02 - (pulled) Amend Development Code Section 501 10-07-2008ORDINANCE NO. 2009-02
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION
501 "LOT DESIGN, ARRANGEMENT AND LAYOUT" AND SECTION 606
"SIDEWALKS" TO THE HUNTSVILLE DEVELOPMENT CODE, SETTING FORTH
CERTAIN PROVISIONS FOR INSTALLATION OF SIDEWALKS; PROVIDING FOR A
SEVERABILTTY CLAUSE; REPEALING ORDINANCES OR RULES IN CONFLICT
WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Horizon Comprehensive Plan objectives include developing
new and/or enhancing existing pedestrian and bicycle amenities and facilities throughout the City,
and the Development Code Review Committee recommends requiring sidewalks when
developers make commercial and multi - family residential improvements to land or new
subdivision developments in the City; and
WHEREAS, this ordinance addresses certain Plan and Committee objectives and
recommendations,
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Section 501 "Lot Design, Arrangement and Layout" of the Huntsville
Development Code is hereby amended to change the title of Subsection 501.4 "Street access," to
add "and sidewalks" to the end of the title to read as follows: "Street access and sidewalks."
SECTION 2: Section 501 "Lot Design, Arrangement and Layout," Subsection 501.4
"Street access" of the Huntsville Development Code is hereby amended to designate the existing
text as sub - subsection (1) and to add a sub - subsection (2) as follows:
(2) The developer shall provide for sidewalks in accordance with Section 606 of
this Code.
SECTION 3: Section 606 "Sidewalks" of the Huntsville Development Code is hereby
amended to designate the existing text as Subsection 606.1 "General" and amend the existing text
to read as follows:
606.1 General
The developer shall install sidewalks along all public streets, except in the case of
the erection, improvement or movement, or action in preparation thereto, of one
Single Family Dwelling or one Two Family Dwelling on local streets greater
than 600 feet from schools or parks. Sidewalk improvements shall be
constructed according to the adopted standards of the City.
SECTION 4: Section 606 "Sidewalks" of the Huntsville Development Code is hereby
amended to add Subsections 606.2 "Modification of sidewalk requirements" and
606.3 "Construction of sidewalks or fee in lieu required" to read as follows:
606.2 Modification of sidewalk requirements
i I 1
M
Sidewalk requirements may be altered or waived if a sidewalk plan that provides
equal or greater pedestrian circulation is submitted to and approved by the
Commission at the time of platting. These trade -offs may be permitted:
1) In Neighborhood Conservation Districts AI "/+
i � 1„ ; 'I to allow off - street trails in lieu of sidewalks, thereby meeting
the needs of walkers and cyclists; or
(2) In order to meet the City's Parks and Recreation Master Plan.
(3) Other areas as deemed appropriate by the Commission.
606.3 Construction of sidewalks or fee in lieu required
(1) Dedication and construction
Where the proposed development abuts upon an existing street which does not
have a conforming sidewalk (which may include a sidewalk on the other side of
the street if allowed under Section 606.1 above), the developer shall dedicate
sufficient right -of -way to construct a conforming sidewalk and shall construct a
conforming sidewalk along all street frontage. Dedication of right -of -way shall
apply even in those cases excepted in Section 606.1 of this Development Code.
(2) Fee in lieu
Alternatively, if the length of the sidewalk is less than Aii- mile or its
improvement at the time of subdivision would in the City Engineer's professional
opinion create a safety hazard because it does not create a complete and
continuous sidewalk segment between off -site street intersections, then the
developer shall deposit with the City an amount equal to the cost of the
improvement required by 606.1, Amounts deposited pursuant to this Section
shall be kept in a segregated fund for the deposit of all sums paid in lieu of
sidewalk construction. Such funds shall be utilized for the construction of
sidewalks in the same Ward as the subject property or in the vicinity of the
school, public park or library nearest the property.
(3) Right to refund
Any funds paid in lieu of construction of sidewalks must be expended by the City
within 10 years after the filing of the final plat, or the filing of the final plat of
each phase or section of the contributing subdivision, if a phased development.
Such funds shall be spent on a first in, first out basis for each Ward. If not so
expended, the owner(s) of the property on the last day of such period shall be
entitled to a pro rata refund of such sum, computed on a square footage of area
basis. The owner(s) of such property must request such refund within one year
of entitlement, in writing, or such right shall be barred.
SECTION 5: If any portion of this Ordinance shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof.
SECTION 6: All ordinances, parts of ordinances, rules and regulations in conflict with
the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency, and in all other respects this Ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered by this
Ordinance.
SECTION 7: This Ordinance shall take effective immediately from and after the date of
its passage.
PASSED AND APPROVED THIS th DAY OF 2008.
CITY OF HUNTSVILLE, TEXAS
J. Turner, Mayor
ATTEST:
Stephanie Brim, City Secretary
APPROVED AS TO FORM:
Thomas A. Leeper, City Attorney
50 L LOT DESIGN, ARRANGEMENT AND LAYOUT
501.4 Street access and sidewalks
(1) All lots shall front or be next to at least one public street. Building sites established under
Section 505.2 may front private streets (see also Section 61 1). To ensure adequate access to a lot
by motor vehicles, the minimum width at the front property line of all lots shall be 24 feet on
residential lots and 47 feet on non - residential lots.
(2) The developer shall provide for sidewalks in accordance with Section 606 of this Code
606. SIDEWALKS
606.1 General
The developer shall install sidewalks along all public arterial streets
Street - 4 , except in the case of the erection improvement or movement or action in
Preparation thereto, of one Single Family Dwelling or one Two Family Dwelling on local streets
greater than 600 feet from schools or parks. Sidewalk improvements shall be constructed
according to the adopted standards of the City.
606.2 Modification of sidewalk requirements
Sidewalk requirements may be altered or waived if a sidewalk plan that provides equal or greate r
pedestrian circulation is submitted to and approved by the Commission at the time of platting_
These trade -offs may be permitted
(1) In Neighborhood Conservation Districts to
allow off -street trails in lieu of sidewalks thereby meeting the needs of walkers and cyclists• or
(2) In order to meet the City's Parks and Recreation Master Plan
(3) Other areas as deemed appropriate by the Commission
606.3 Construction of sidewalks or fee in lieu required
(1) Dedication and construction
Where the proposed development abuts upon an existing street which does not have a conforming
sidewalk (which may include a sidewalk on the other side of the street if allowed under Section
606.1 above), the developer shall dedicate sufficient right -of -way to construct a conforming
sidewalk and shall construct a conforming sidewalk along all street frontage Dedication of right
of -way shall apply even in those cases excepted in Section 606.1 of this Development Code
(2) Fee in lieu
Alternatively, if the length of the sidewalk is less than %1�,I mile or its improvement at the time
of subdivision would in the City Engineer's professional opinion create a safety hazard because it
does not create a complete and continuous sidewalk segment between off -site street intersections
then the developer shall deposit with the City an amount equal to the cost of the improvement
required by 606. 1. Amounts deposited pursuant to this Section shall be kept in a segregated fund
for the deposit of all sums Daid in lieu of sidewalk construction. Such funds shall be utilized for
the construction of sidewalks in the same Ward as the subject property or in the vicinity of the
school, public park or library nearest the Droocriv.
3 Ri ht to refund
contributing, subdivision, if a phased development. Such funds shall be spent on a first in, first
out basis for each Ward. If not so expended, the owner(s) of the pro a on the last day of such
period shall be entitled to a pro rata refund of such sum computed on a square footage of area
basis. The owner(s), of such property must request such refund within one year of entitlement, in
writing, or such right shall be barred.
Development Code Definitions
Commercial Building - any building other than a single family residence.
Developer - any person who improves or subdivides a tract of land or improves or takes any
action preparatory to the erection, improvement or movement of any building or structure on a
tract of land.
Dwelling, Multiple Family - a building used or designed as a residence for three or more
families living together independently of each other.
Dwelling, Single Family- Attached - a dwelling which is joined to another dwelling at one or
more sides by a parry wall or abutting separate wall, and which is designed for or occupied
exclusively by one family.
Dwelling, Single Family - Detached - a dwelling designed for or occupied exclusively by one
family and having no physical connection to another building located on the same lot or tract or
any other lot or tract. 15-4
Dwelling, Two Family - a detached building, designed for or occupied by two families living
independently of each other.
Dwelling Unit - one or more rooms with bathroom and principal kitchen facilities designed as a
self contained unit for occupancy by one family for living, cooking and sleeping
Lot - an undivided tract or parcel of land having frontage on a public street and which is, or in the
future may be offered for sale, conveyance, transfer or improvement.
Residential - a tract of land designed for or used exclusively to contain a dwelling unit or units.
A "primary residential area" shall mean a street or streets in which a majority of the total front
footage is used for residential purposes.
Note: "Commission" refers to the Planning & Zoning Commission