HomeMy WebLinkAbout12052019 BSC Agenda Item 3 STAFF REPORT
BUSINESS OF THE BUILDING AND STANDARDS
COMMISSION
City of West University Place, Texas
AGENDA OF: December 5, 2019 DEPARTMENT: Public Works
Development Svcs.
DATE SUBMITTED: December 2, 2019
PREPARED BY: C. Chew, CBO, CFM PRESENTER: C. Chew, CBO, CFM
Chief Building Official Chief Building Official
SUBJECT: Sidewalk ordinance modifications
Proposed changes to Chapter 18 Buildings and Development,
ATTACHMENTS: Chapter 70 Street Areas and Public Places and Appendix C
Technical Codes Schedule
STAFF SUMMARY
The City underwent a comprehensive sidewalk program from 2001-2008 that installed
sidewalks throughout the city. Staff has met to discuss the current policies and procedures
related to sidewalk standard and modifications to Chapter 18 and 70 have been discussed as
well as the design standard detail. Portions of the sidewalk ordinances do not apply since the
City owns all sidewalks and is responsible for the maintenance and reconstruction for all
sidewalks.
A sidewalk policy is being developed for Chapter 70 which staff will present to Council for
approval.
The previous Building and Standards Commission modified the current sidewalk ordinance and
approved the changes. Some additional changes have been suggested to be added to the
proposed ordinance
Staff Recommendation
Approve changes to Chapter 18 and Appendix C.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS
AND DEVELOPMENT, ARTICLE II, GENERAL REGULATIONS,
SECTION 18-62, CURBS, GUTTERS, SIDEWALKS, AND CHAPTER 70,
STREET AREAS AND PUBLIC PLACES, ARTICLE III, SIDEWALKS,
SECTION 70-58, SIDEWALKS REQUIRED AND SECTION 70-60,
DRIVEWAY AND SIDEWALKS REQUIREMENTS, OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
TO REVISE THE CRITERIA FOR CONSTRUCTING SIDEWALKS
WITHIN THE CITY AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 18, Buildings and Development, Article II, General
Regulations, Section 18-62 of the Code of Ordinances of the City of West University
Place, Texas is amended by the repeal of the existing Section 18-62 and the adoption
of a new Section 18-62 to read as set out in Appendix A, attached hereto. All other
portions of Chapter 18 of the Code of Ordinances not specifically amended hereby
remain in full force and effect.
Section 2. Chapter 70, Street Areas and Public Places, Article III, Sidewalks,
of the Code of Ordinances of the City of West University Place, Texas is amended by
the repeal of the existing Section 70-58 and the adoption of a new Section 70-58 as well
as the adoption of a new Section 70-60 to read as set out in Appendix B, attached
hereto. All other portions of Chapter 70 of the Code of Ordinances not specifically
amended hereby remain in full force and effect.
Section 3. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 4. 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 5. 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,
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consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the day
of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
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Appendix A
Section 18.
Sec. 18-62. - Curbs, gutters, sidewalks.
(a) Required for major development or substantial improvement.
(1) It shall be the duty of each permittee for any major development or any substantial
improvement (as those terms are defined by Sections 1-13 and 18-272 of the Code,
respectively) to provide new sidewalks along all streets abutting the building site (front,
side and rear), including streets outside the city limits. Such sidewalks are required to
satisfy the criteria contained in Chapter 70, Article III — Sidewalks as well as Texas
Accessibility Standards.
(2) It shall be the duty of each permittee that damages or removes any previously existing
curb or gutter along any streets abutting the building site to replace or repair such
facilities.
(b) Exceptions.
(1) No sidewalk shall be required to be installed by a permittee on a building site if the
sidewalk did not previously exist on the building site located along a local street that
has a width of 20 feet or less.
(2) The foregoing exception does not limit the authority of the city council to require
sidewalks under Chapter 70 of this Code 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.
(d) Interim waivers. The building official shall waive the requirements of this section for
providing, replacing and repairing sidewalks (including any related modifications to curbs
and gutters), if:
(1) An official city sidewalk plan is being prepared for the site in question, but the actual
construction has not yet occurred;
(2) The cost of compliance with those requirements, as estimated by the building official,
has been deposited by the permittee or owner into a special fund maintained for that
purpose by the director of finance; and
(3) The permittee and the owner of the site jointly sign and deliver to the city a formal
acknowledgment that:
a. They have requested a waiver under this subsection;
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b. The owner agrees to provide any easement that may be reasonably necessary to
allow construction of sidewalks under the official city sidewalk plan, while
avoiding unnecessary harm to qualified trees on or near the site;
c. Such obligation shall "run with the land" and bind any future owners of the site;
and
d. They understand the provisions for refunds (if any).
The director of finance shall maintain all funds deposited under this section and shall use them,
together with any interest earnings, only to design, construct, repair and replace sidewalks
(including any related modifications to curbs and gutters) in the immediate area of the site for
which they were deposited. No refunds shall be made. Exception: If the official city sidewalk
plan, as adopted and constructed, provides no sidewalk on a street adjacent to the site in
question, the amount deposited for a sidewalk on that street shall be refunded to the then-
owner of the site, but only if that owner applies in writing to the director of finance within four
years following completion of the city's sidewalk construction at the site and provides proof of
ownership. The refund shall include interest earnings, as estimated by the director of finance.
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Appendix B
Chapter 70. Article III. - Sidewalks
Sec. 70-58. - Sidewalks required.
Sidewalks are required in the City of West University Place, Texas and shall be designed in
accordance with the City's Standard Driveway and Sidewalk Details attached as Exhibit "A" as
well as the requirements contained in this Section and the Technical Codes schedule.
Sec. 70-59. - Change of street, sidewalk grade or line.
This section applies to projects where the city changes or alters the lines or grades of
streets or sidewalks. The city may make such changes without liability to abutting owners or
others on the part of the city by reason of said change. If the line or grade of a sidewalk is
changed, but is in good condition and does not, in the opinion of the building official require
entire reconstruction, the owner or owners of the abutting property may be given notice to:
(1) Break said sidewalk back to a point fixed by the building official; and
(2) Remove the broken portion and reconstruct said portion on the line and grade
determined by the building official, at the cost of said owner. This work may be
required, and the cost may be assessed, in the same manner as other work on
sidewalks.
Sec. 70-60—General Driveway and Sidewalk Requirements
(a) Where there are tree canopies overhanging any portion of the sidewalk a root
protective layer of 6 mil poly shall be placed on top of the ground, under the rebar
which will protect any root system that could be become damaged from the concrete.
No tree roots 1" diameter or larger shall be cut or damaged without approval of Urban
Forester.
(b) No water meters, water valves, hydrants valves or cleanouts shall be installed in paved
areas unless approved in writing by the Building Official.
(c) On side street entry garages, the garage door shall be 18 feet minimum from the closest
edge of the property line.
(d) Any driveway parking space required by the Zoning Code shall not encroach into the
street right-of-way.
(e) Sidewalks shall run parallel to the curb and be located at or as near the property line as
possible unless otherwise approved by the Building Official.
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CO The Building Official may approve the use of decomposed granite in place of concrete
upon the request of a property owner if the Urban Forester determines that the use of
decomposed granite is necessary to preserve a protected tree, the property owner
agrees to maintain the decomposed granite and the property owner agrees to replace
the decomposed granite with concrete should the protected tree die or be removed.
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