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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