The URL can be used to link to this page

Ord 56-2006 7/18/2006 . , •+. ORDINANCE NO. �� c�' ��`F� ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 94, ARTICLE II, CONSTRUCTION, ALTERATION AND REPAIR OF STREETS, SIDEWALKS, CURBS, DRIVEWAYS, AND AMENDING APPENDIX A SUBDIVISION AND DEVELOPMENT REGULATIONS, SECTION 6.2, B DESIGN STANDARDS FOR STREETS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council, desires to amend the regulations regarding the requirements for the installation of curbs and gutters; and WHEREAS, such amendments will affect both Chapter 94 of the Municipal Code and Appendix A, Subdivision and Design Regulations; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 94, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 3 Curbs and Driveways, is hereby amended by adding the following underlined text and deleting the strikethrough text: Sec. 94-98. Driveway approaches Sec. 94-99. Authority to alter curb cut of adjacent property. Sec. 94-100. Requirements for curb and gutter and exceptions. 1. Curbs and gutters, where required under appendix A Comprehensive Subdivision Ordinance, shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision. Curbs and gutters shall be constructed to City specifications. 2. Exceptions to Curb and Gutter Requirements for Residential Developments: a. Curb and gutter shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no curb and gutter. `.. •• � This shall not include subdivisions where new street or new street extensions are being constructed. b. Curb and gutter shall not be required where the lot frontage is a minimum of 200 feet, and the lot, tract or parcel is a minimum of two acres, and is on a street frontage where no other curb and gutter exist. If the lot, tract or parcel is subdivided to allow smaller lots, there shall be installed curb and gutter along all frontages that are included in the subdivision and along boundary streets as applicable. This requirement shall apply even if only a portion of the lot frontages following a replatting are less than the minimum allowed. c. Curb and gutter shall not be required if exempted or prohibited on rights- of-way owned or under the control of state or federal government entities. d. Curb and gutter shall not be required if jointly determined by the Department of Community Development and Department of Public Works that the installation of curb and gutter is technically unfeasible or will not serve the intent of this provision. SECTION 2. The Code of Ordinances, Appendix A- Subdivision and Development Regulations, Section 6.2 Streets, Subsection B. Design standards for streets, is hereby amended by adding the following underlined text: 1. Curb and gutter in accordance with City standards shall be required on all streets within Level One unless exempted under Chapter 94-100 of this Code. The Department of Public Works shall evaluate and may amend the need for curb and gutters by evaluating the ownership of the roadway, plans for widening the roadway or other situations that may exist where the installation of curbs and gutters does not serve the public purpose. 2. Curb and gutter may not be required by the Department of Public Works within a Level Two area. The creation of a multiple-lot subdivision or the creation of a new street may require curb and gutters. 3. Curbs and gutters shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision. An exception to boundary street dedication and paving may exist where the other side of the street is developed and/or improved and shall consider alignments and other identifiable factors, under which case there may be required a dedication and paving on one or both sides of the street.. Curbs and gutters shall be constructed to City specifications. All streets shall be paved by subdivider to City specifications. a � 4. Curb cut and driveway widths shall be in accordance with Appendix B of the Code of Ordinances. Upon approval by an authorized official of the Texas Department of Transportation, a 45-foot wide driveway width may be allowed on state designated highways and frontage roads. 5. Right-of-way and pavement widths shall be in accordance with the following: a. Right-of-way and paving width shall be in accordance with the Thoroughfare Plan. b. Unless otherwise required or approved by the Department of Public Works, existing or proposed streets or roads within Level One and Level Two areas not addressed in the Thoroughfare Plan or under other plans, shall be provided meeting City standards. If it is a state road or highway, the right-of-way and paving requirements shall be in accordance with state specifications, or where no standards or requirements exists, the minimum right-of-way requirement shall be the greater of 60 feet or as required by the county. Additional right-of-way and paving width may be required as determined by long range plans, density or intensity of development, historical traffic conditions and counts, and other appropriate factors. SECTION 3. The Code of Ordinances, Chapter 94, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4 Sidewalks, Section 94- 129 Exceptions to sidewalk requirements, Subsection (a), is hereby amended by adding the following underlined text and deleting the strikethrough text: (a) Sidewalks shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no sidewalks. This shall not include subdivisions where new street or new street extensions are being constructed. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 18 day of July, 2006. MAYOR ATTEST: City Clerk Affidavit �►f Publication � ORDIf+�ANCE NO ;. THE STATE OF TEXAS #161673 meoir�� `:-€He COUNTY OF WICHITA �e�ax:��uHe�.�._ I�THE`C1T�''�4� TA FAL``LS` T�X.�QS, � T R I�I On this 7 day of August 2006 A D ... i CONSII�UC'f ION��_AL- `rERAj�orrr�,r�o �E- personally appeared before me, the undersigned authority PAIR OF STRE;�TS, s�o�w��KS �uRSS� Kathy Salan, Sales Assistant for the Times Publishing �RrvEwr�YS ANb Ann D[,�((', APPEN- COIIl an of Wichita Falls ublishers of the Wichita Falls DI SJ�D1�j7$FO,N P Y � P AND�� OP"At1ENT Times/Record News, a newspaper published at Wichita Falls in � RE� "°L' ' f0�13,"S'��C- 'T�°'s� B�°��,'��,, Wichita County, Texas, and upon being duly sworn by me, on STANq,Q,RL�S ,,FO`R STREEI'�S oath states that the attached advertisement is a true and QI�DLFI,SNQE [�D� . , oRt�1��,aN�F A��fl" correct copy of advertising published in One (1) issues hereof IN� CF1A��'E1�2,��G�q7 oo �� on the following date: iTIV`E�°�R�'J�i�l` �� MOTOR VE�#�C��L b6, Al1gllSt 6� 2��6 AT SE'E.'�IfOiNtir' ;DE�FId+F•ITdaON�S,---TO � �AMEND :T� EIN7- ,T1(�!^�` Tt°QIIE AUT�D� : � Sales Assistant for Times Publishi g Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: ��,��u��u�� ; ,�''o��`�'� � eF�,''--.,� ^�' � . ; Z ; �o L�'• N 1 " �� .—�� ; 9��;�� ; '�., � �'•FXPIN�.`'•'' � �� - 2�� ' ''��►rni nnn�``