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HomeMy WebLinkAbout03012001 BSC Agenda Item 9 09ko ORDINANCE NO. 1642 AN ORDINANCE RELATING TO SIDEWALKS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Section 6.411 (relating to curbs, gutters and sidewalks) of the Code of Ordinances of the City of West University Place is hereby amended as indicated in Exhibit A, which is attached and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. PASSED AND APPROVED ON FIRST READING, this a 7 day of , 2000. Councilmembers Voting Aye: • • Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED ON SECOND READING, this OD day of , 2000. Councilmembers Voting Aye: Councilmembers Voting No: • Councilmembers Absent: Signed: ft. . .. Ma or Attest: (Seal) 4111W /41 it Secretary Reviewed City Attorney b60:\osidew r • • Exhibit A (First Reading Version,But Retaining "b5"Curb or Gutter Exception And Adding 10% Test For Remodeling) Amendment to Chapter 6 of the Code of Ordinances relating to sidewalks: Sec. 6.411. Curbs, gutters, sidewalks. (a)Required for major development, remodeling. It shall be the duty of each permittee for any major development or any major remodeling to: (1) provide new sidewalks along all streets abutting the building site (front, side and rear), including streets outside the city limits; and (2) replace or repair all previously existing curbs and gutters along streets abutting the building site(front, side and rear) (including streets outside the city limits), so that,if practicable,such facilities will function like new facilities and will appear to be sound. (b)Exceptions. (1) No sidewalk is required along the rear of a site containing at least 5,000 square feet and used for single-family(detached)residential purposes, if the rear lies along a major thoroughfare, and there are no existing sidewalks along the same side of the major thoroughfare within 50 feet of the site in question. (2) If there is any existing sidewalk which can be preserved or repaired so that it will function as a new facility and will appear to be sound,the Building Official may allow it to be used instead of new construction,provided that repair specifications prescribed by the Public Works Director and all other applicable regulations are followed in connection with any repairs. (3) No sidewalk is required along a given block face-fop-a-site containing at purposes along a given street abutting a site, if, before the period of as the site (on the same side of the street). In the case of a major remodeling, any required sidewalk may be omitted if its fair market value would exceed 10% of the fair market value of the other remodeling work. (4) A sidewalk, curb or gutter is not required if the Public Works Director determines it would cause a drainage problem or similar condition. (5) A sidewalk, curb or gutter is not required if the Public Works Director determines that an official City plan calls for installation, removal or reconstruction of the particular facility within five years. (6) The foregoing exceptions do not limit the authority of the City Council to require sidewalks under Chapter 19 or other applicable regulations. (c)Permit details. The building permit application for each major development or major remodeling must clearly illustrate the work necessary to comply with this section, and all required work on sidewalks, curbs and gutters must be completed within the time allowed for completion of the major development or major remodeling. • SIDEWALKS GUTTERS. CURBS AS AN IMPACT TO TRAFFIC MANAGEMENT July 19, 2000 4:00 PM Public Works Dept. WUP Attendees: Stephen Pohl, Chairman, Joe Foster, Dennis Mack (Staff) Purpose: To determine if the current City procedures for planning,, installing, maintaining or replacing new or existing street curbs, gutters or sidewalks ("Facilities") are satisfactory in uniformly serving the residents of the City. The Zoning and Planning Commission of WUP has initiated a special review of this matter based on a request from the Traffic and Transportation Task Force of WUP. Inasmuch as these Facilities are important to establish a consistent and orderly system of separation of pedestrian and vehicular traffic, this committee is charged with 1) reviewing the process used by the City and 2) validating that internal and peripheral street planning for residential, commercial/other land uses is consistently applied. In the event improvement is required, the committee is obliged to make recommendations to either the Zoning and Planning Commission or the appropriate committee for action. Discussion format: 1. Existing City code for Facilities 2. Internal versus peripheral users 3. Construction plans for Facilities underway or planned 4. Non-conforming uses 5. Traffic issues Conclusions: • • City of West University Place • Texas Memo To: Building and Standards Commission c ) From: Sallye A. Clark, Planning and Development Assistant, fj Date: February 27, 2001 �i' Re: "DRAFT" Sidewalk Policy Please find attached a "DRAFT" copy of a proposed Sidewalk Policy that City Council is currently looking at to adopt along with a Sidewalk Map. The Sidewalk Policy and Map were on the City Council agenda on Monday, February 26, 2001; however, there was no action taken at that time. City Council is going to have another meeting about the Sidewalk Policy and Map on Monday, March 5, 2001 per Sherman Yehl, City Manager. This is being forwarded to you per Mr. Yehl's request to answer any questions the Commission might have concerning this issue. Sidewa lkPolicyDraftMemoBSC.022701 M.doc • • Draft • For discussion purposes only City of West University Place Sidewalk Policy On November 7, 2000, the voters of West U approved a $5 million general obligation bond issue for the purpose of repairing, replacing, and installing sidewalks. Under the general terms of the bond requirements, the City has three years to obligate and spend the bond proceeds. In order to facilitate the sidewalk program, the City has adopted the following policy— For the purpose of providing accessibility, mobility and a circulation network for pedestrians to Town Center, parks,transit stops, area businesses, and encouraging general safety for pedestrians, it is the policy of the City to provide, in a timely manner, a continuous system of sidewalks. Sidewalks shall be repaired, replaced, and installe o the greatest extent feasible, as identified on the official sidewalk map adopted ,e City Council, as amended from time to time In deciding the number, pavement, width . • ion of sidewalks along each block, the City shall take into account state and f;•eral s •ards, location and condition of Class 1, 2, or 3 trees; existing sidewalks; traf d the ability to minimize impacts on existing encroachments in the • is -o ay. In appropriate cases, sidewalks on only one side of the street may e p ; i °•. If a sidewalk is installed on only one side of the street, the adverse impact of, »• . ' g from side to side shall be minimized. The City may use the advi. •c'pertise of a third-party to assist in determining the sidewalk location. P imm: drawings shall be made available for public comment, especially by owner ' •f ad ent property where there is no existing sidewalk. Completed and/or revise• {- ngs will be submitted to the City Council, at which time any affected person may i wide comments on the proposal. The Council may revoke, modify, or confirm the proposal. If conditions permit, a four to six foot border area between the street edge of the sidewalk and curb should be maintained. However, in appropriate locations, sidewalks may be installed adjacent to the curb. Generally the repair, replacement or installation of sidewalks should minimize the loss of Class 1, 2, or 3 trees and should consider alternative design and materials to encourage the preservation of these trees. The provision of paved paths that may not strictly follow the street may be considered. The additional cost, if any, of construction an d maintenance of these paths shall be borne by the individual property owner. Paths may be constructed in private property areas with the consent of the property owner to grant an easement for use as a public walkway. Nothing in this policy should be construed as to limiting a property owner's responsibility for the care and maintenance of a sidewalk until the City has approved an area contract for repair, replacement, and installation of sidewalks. The replacement or . , � • • � . . •. Draft • For discussion purposes only installation of sidewalks as part of ne w development o construction th at damages or destroys an existing sidewalk shall remain the responsib ity of the property owner. Sidewalks, shall, to the greatest extent feasible, meet state and federal standards for design, installation and m6me anc. �2 7« � �x © « : »4„, �/ k �� .