G-08-06-26-9D2 - 6/26/2008ORDINANCE NO. 4 -os - 502_.
AN ORDINANCE AMENDING CHAPTER 8, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
TO ADOPT REGULATIONS AND PROVISIONS ALLOWING
GATED COMMUNITIES AND NON-RESIDENTIAL PRIVATE
STREET DEVELOPMENT; PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 8, Section 8.106, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
subsections (29.1), (37.1), (55.1), (57.1) and (60.1) to add
definitions which shall read as follows:
8.106 DEFINITIONS
For the purposes of this Chapter, the following words, terms and phrases, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(29.1) Gated Community shall mean a residential development that contains private streets and
has a gated or guarded entrance that permits only residents of the development and
their guests to enter the development.
(37.1) Non -Residential Private Street Development shall mean a non-residential development
that contains private streets. Such development shall not contain a gated or guarded
entrance.
(55.1) Private Street shall mean streets located within a Gated Community or a Non -
Residential Private Street Development which are not dedicated to the public for
maintenance, operation, or ownership, and which are designated as special purpose lots
on a plat.
(57.1) Public Street shall mean streets that are dedicated to or owned by the City, County,
State or Federal Government, and for which the government assumes the responsibility
for maintenance, operation, or ownership.
(60.1) Reserve Specialist shall mean an individual holding the designation of a "Reserve
Specialist" issued by the Community Associations Institute
0:\WDOX\ORDINANC\080626D2.DOC/s1s
II.
That Chapter 8, Section 8.106, Subsections (29), (32),
(48), (61), and (66), Code of Ordinances (1995 Edition), City of
Round Rock, Texas, are hereby amended to read as follows:
8.106 DEFINITIONS
For the purposes of this Chapter, the following words, terms and phrases, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(29) Frontage shall mean the line where a parcel of land, lot or site abuts a street.
(32) Lot shall mean a parcel of land shown on a Final Plat of record and having frontage
upon (i) a street and shown on a Final Plat of record, or (ii) an alternate public access
to a street through an approved planned unit development zoning district, as provided
for in Chapter 11.
(48) Plat shall mean the map describing an Addition, Subdivision or Replat including any
streets, alleys, squares, parks or parts of a tract intended to be dedicated to public use.
The Plat shall also describe private streets not intended to be dedicated to public use.
(61) Right-of-way shall mean land dedicated by a Plat or by separate instrument to and for
use as public streets, utilities, drainage, etc.
(66) Street shall mean the right-of-way or, for private streets, a special purpose lot, and all
associated improvements including, but not limited to, driveways, sidewalks, curbs,
gutters, storm sewers, drainage facilities, medians, roadway and landscaped areas. As
used herein, the term "Street" shall include private streets as well as public streets.
III.
That Chapter 8, Section 8.116, Subsection (8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
8.116 SUBDIVISION FEES
(8) Inspection Fees
Inspection fees for Public Improvements and/or Private Streets shall be equal to one
and one-half percent (1 l %) of the actual total construction costs of installing and
constructing the Public Improvements and/or Private Streets being inspected. The
amount of the Inspection fees for Public Improvements and/or Private Streets shall be
sealed by the Developer's Engineer and approved by the City Engineer.
2
IV.
That Chapter 8, Section 8.204,Subsection (2), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
8.204 CONCEPT PLAN
(2) Platting of Parent Tract
In order to insure the orderly planning of streets, utilities, drainage and other public
facilities, the Parent Tract must be included in a Concept Plan.
V.
That Chapter 8, Section 8.305,Subsection (1)(b), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
8.305 STANDARDS FOR PARKLAND DEDICATION
(1) General Standards
Parkland conveyed to the City as provided in this Section shall meet each of the
standards set forth below:
(b) The parkland shall have frontage on a public street equal to or greater than the
square root of the total square footage of park area to be conveyed (for
example, a 435,600 square foot park area, which is the equivalent of a 10 acre
park would require 660 linear feet of frontage);
VI.
That Chapter 8, Section 8.308, Subsection (1), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
8.308 PARKLAND FEE IN LIEU OF PARKLAND CONVEYANCE
(1) When Applicable
The City may at its option require a parkland fee for all or part of the required
parkland conveyance under the following circumstances:
(a) When less than three (3) acres is required to be conveyed;
(b) Where the proposed parkland does not meet the standards set forth in Section
8.305;
3
(c) When a Replat or Amending Plat is submitted subsequent to a rezoning to a
higher density classification, or
(d) When the development is a Gated Community.
VII.
That Chapter 8, Section 8.404, Subsections (2), (3), (4),
(6), (7), (9), and (10),Code of Ordinances (1995 Edition), City
of Round Rock, Texas, are hereby amended to read as follows:
8.404 STREETS
(2) Street Classification and Characteristics
(a) Local Streets
The purpose of a local street is to provide lot street frontage and carry traffic to
a higher classification street. Because of its limited purpose, a local street
generally carries an Average Daily Traffic volume no greater than 2000 vehicle
trips. Local streets are divided into three subcategories: local -residential,
local -non-residential or local -rural. Unless approved by the Transportation
Director, a local street shall not connect to two separate higher classification
streets or connect directly to arterial streets. Local streets may be designated as
private streets.
(b) Collector Streets
Collector streets are divided into two subcategories: local and major. The
purpose of collector streets is to convey traffic from intersecting local streets
and to expedite the movement of traffic to an arterial street or other collector
street. A local collector street generally carries an Average Daily Traffic
volume of two thousand (2000) to six thousand (6000) vehicle trips. A major
collector street generally carries an Average Daily Traffic greater than six
thousand (6000) vehicle trips. Generally, major collector streets shall not
permit on -street parking. No collector street in a residential development shall
be designated as a private street. Collector streets in Non -Residential Private
Street Developments may be designated as private streets.
(c) Arterial Streets
The purpose of an arterial street is to carry high volumes of through traffic.
Arterial streets serve as a link between major activity centers within the urban
area. Access is usually limited to intersections, multi -family developments and
commercial driveways. All arterial streets are designated in the General Plan.
An arterial street shall not end as a cul-de-sac. Generally, arterial streets shall
not permit on -street parking. No arterial street shall be designated as a private
street.
(3) New Streets
(a) Right -of -Way
A Developer shall dedicate or convey at the City's option the amount of right-
of-way for each type of street as stated in the Design and Construction
Standards. Except as provided below, the Developer must dedicate or convey
4
the required right-of-way for all streets within the Subdivision as shown on the
Plat. The City may reduce the amount of right-of-way dedication for an arterial
street based on the design consideration, existing land uses, existing
development of adjoining properties, and dimensions of the proposed Addition
or Subdivision. In all cases, the amount of right-of-way dedicated for any one
street within the Addition or Subdivision shall not exceed one hundred and
twenty feet (120') wide or fifteen percent (15%) of the total acreage on the Plat
submitted.
(b) Street Improvements
All public and private streets shall be designed and built in accordance with the
Design and Construction Standards. The Developer must construct the full
cross-section of the arterial streets designated on the General Plan which are
located within the Subdivision unless the TIA for the Addition or Subdivision
documents a need for a lesser cross-section. In such a case, the Developer
shall construct the cross section required by the TIA.
(4) Private Streets
Private streets may be permitted, subject to the provisions of Sections 8.423 and
8.424.
(6) Stub Streets
(a) Except for Gated Communities, a proposed Subdivision or Addition must
provide access to adjacent land subdivided by stubbing appropriate streets to
the boundaries of the proposed Addition or Subdivision. When the abutting
land is platted, the Developer shall integrate the stubbed streets into the existing
traffic system of streets in a logical manner as well as continue the same street
classification of the stub street. The Developer shall present a schematic plan
to demonstrate how the stub street will eventually extend through the adjacent
property and connect with a collector or arterial street.
(b)
Temporary paved turnarounds shall be provided at the end of stubbed streets
which are more than two hundred fifty feet (250') long.
(7) Cul-de-sacs
(a) Local streets may terminate in a cul-de-sac. Collectors and arterial streets may
not terminate in a cul-de-sac.
(b) Except as provided herein, the maximum length of a cul-de-sac street shall be
seven hundred fifty feet (750'), measured from the centerline of the nearest
intersecting outlet street to the centerpoint of the turnaround; except that a
longer length may be allowed upon a recommendation by the Fire Department
and if the Planning and Zoning Commission determines any of the following:
(i) That no secondary access can be reasonably provided to the portion of
the Subdivision which is to be served by the cul-de-sac;
(ii) That limited access to the Subdivision is due to a topographical
condition on the property or a particular physical surrounding; or
(iii) That the cul-de-sac is temporary and the street is planned to extend to
the adjacent property.
5
(9) Curb Ramps
(a) Curb ramps are required within a street wherever a sidewalk or pedestrian
route intersects with a curb. The design and construction of curb ramps shall be
in accordance with the Design and Construction Standards, and shall meet the
Texas Accessibility Standards administered by the Texas Department of
Licensing and Regulation and the Americans with Disabilities Act of 1990, as
amended.
(b) Whenever a sidewalk or pedestrian route crosses a raised median, the raised
median shall be cut through level with the street, or shall have curb ramps at
both median curbs plus a level area at least four feet (4') long between the curb
ramps in the median.
(10) Access
All lots shall be provided with frontage on an existing or proposed public or private
street.
VIII.
That Chapter 8, Section 8.415, Subsections (1) and (7),
Code of Ordinances (1995 Edition), City of Round Rock, Texas,
are hereby amended to read as follows:
8.415 LOTS
(1) Special Purpose Lots
Special purpose lots established for the purpose of private streets, parkland dedication,
landscaping, postal boxes, flood plain, drainage conveyance, storage, or sedimentation
and filtration, lift stations, or water storage, electrical substations, switching stations
and other similar facilities needed for transmission and supply of public utilities, may
be approved as exceptions to the lot requirements provided in Chapter 11 of this Code.
In addition, except for private streets, a special purpose lot does not require street
frontage but must be provided vehicular access approved by the City Engineer. A
special purpose lot established for a private street must connect to either a public street
or another private street that connects to a public street.
(7) Lot Street Frontage
(a) The lot street frontage for a single-family residential lot shall be no less than
twenty-five feet (25').
(b) The lot street frontage for a non-residential or residential lot other than a single-
family lot shall be no less than fifty feet (50').
IX.
That Chapter 8, Section 8.418, Subsection (4), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
6
8.418 POSTAL DELIVERY SERVICE
(4) Parking Requirements for Neighborhood Delivery and Collection Box Units
A minimum of one (1) parking space shall be provided for each eight (8) individual
postal boxes for the first thirty-two (32) postal boxes excluding package boxes. One
additional space shall be provided for each sixteen (16) individual postal boxes
thereafter excluding package boxes.
Parking spaces for neighborhood delivery and collection box units may be located in
the public right-of-way on public streets or within the special purpose lot for private
streets. Parking spaces shall be designed in accordance with the Design and
Construction Standards. All aforementioned parking spaces shall not reduce the
required roadway width.
X.
That Chapter 8, Section 8.400, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
Section 8.423 which shall read as follows:
8.423 GATED COMMUNITIES
(1) Intent and Purpose
It is the intent of these Gated Communities regulations to:
(a) allow Gated Community developments to occur within the City on a limited
and restrictive basis; and
(b) provide for Gated Communities and Private Streets as alternative types of
development to allow the City to expand its development types.
(2) Guidelines for Gated Community
The following guidelines are to be satisfied as part of the review and approval process
for all Gated Communities and Private Streets:
(a) All Gated Communities shall be located in areas zoned as Planned Unit
Development District (PUD) in accordance with Sections 11.314 and 11.419 of
this Code.
(b) Each application for a Gated Community PUD shall be subject to the approval
of the Commission and the City Council, on a case by case basis, based upon
the criteria described in this section. However, an applicant who meets the
stated criteria will not be entitled to the Gated Community PUD as a matter of
right, but shall obtain approval of the Gated Community PUD at the discretion
of the Commission and City Council.
(c) A Gated Community shall be designated solely for residential uses;
(d) A Gated Community shall not impede a current or future development of a
collector street or arterial; or other minor or major thoroughfare; and
(e) A Gated Community shall not disrupt an existing or proposed public pedestrian
pathway, hike and bike trail or park.
7
(f) A Gated Community shall not contain more than 120 dwelling units.
(3) General Requirements
All Gated Community PUD's shall include the following minimum requirements in the
PUD ordinance and/or development plan included therein:
(a) The Gated Community private street system must comply with design standards
in this Chapter. All ordinances, rules, regulations, design standards and
construction standards which govern public streets shall apply to Gated
Community private streets, including but not limited to, street and roadway
width, paving, drainage, sidewalks, submission of plans, and street lighting
requirements.
(b) The private street system within a Gated Community shall provide perpetual
access for all lots within the development, for police and other emergency
vehicles, public and private utility maintenance and service personnel, solid
waste collection services, the U.S. Postal Service, and government employees
in pursuit of their official duties.
(c) Any type of gate or controlled access means or mechanism is subject to the
approval of the City's Fire Marshal, and any corrective action shall be the
responsibility of the property owners association. The location of any such gate
or controlled access means or mechanism and any associated appurtenances
shall be subject to the approval of the Transportation Director, and shall not
impede necessary sight lines for traffic nor create vehicular stacking that
adversely affects an adjacent street. A turnaround area subject to the approval
of the Transportation Director shall be provided on the exterior side of any
such gate or controlled access means or mechanism to allow traffic to reverse
direction. The City shall bear no responsibility or liability in connection with
the removal or destruction of any gate or other controlled access mechanism
while engaged in an emergency action.
(4) Specific Requirements
(a) Each Gated Community plat shall contain the following wording on the face of
the plat:
(i) "The streets have not been dedicated to the public, for
public access nor have they been accepted by the City of
Round Rock as public improvements, and the streets and
roadways shall be maintained by the property owners
association within the subdivision, except that the streets
and roadways shall always be open to emergency vehicles,
public and private utility maintenance and service
personnel, solid waste collection services, the U.S. Postal
Service, and governmental employees in pursuit of their
official duties."
(ii) "The undersigned, his successors, and assigns hereby agrees
to release and hold harmless the City, any governmental
entity and public utility for damages to the private streets
occasioned by the reasonable use of the private streets by the
City, governmental entity or public utility, for damages and
injury (including death) arising from the condition of said
private street; for damages and injury (including death)
arising out of the use by the City, governmental entity or
public utility of any restricted access gate or entrance; and
for damages and injury (including death) arising out of any
8
use of the subdivision by the City, governmental entity or
public entity. The owners of all lots contained in this plat
shall release and hold harmless the City, governmental
entities and public utilities for such damages and injuries.
The releases contained in this paragraph apply regardless of
whether or not such damages and injury (including death)
are caused by the negligent act or omission of the City,
governmental entity or public utility, or their representative
officers, employees or agents"
"The undersigned, his successors, and assigns hereby agrees
that the City is not obligated to provide certain City services
on the private streets contained within the development,
including, without limitation, routine police patrols, street
lighting, enforcement of traffic and parking ordinances and
preparation of accident reports."
(b) A PUD for a Gated Community must be approved by the City prior to the
approval of the final plat. The City shall consider the PUD application after
review and recommendation by the City staff. Subject to City Council
approval, the requirements of this Chapter may be modified in the ordinance
adopting the PUD.
(c) Easements: Gated Community plats shall provide the following easements:
public utility easements containing the private streets and public
utilities; and
(ii). additional public utility, drainage and storm sewer easements required
by the City, Public Utilities, or other public agencies; and
(iii). pre-existing easements unaffected by the platting process; and
(iv). such private service easements, including but not limited to, utilities,
fire lanes, street lighting, government vehicle access, mail collection
and delivery access, and utility meter reading access, as may be
necessary or deemed mutually convenient by the applicant and the City.
(d) Access: To insure adequate access to each Gated Community, there shall be at
least two (2) points of ingress and egress, except for a Gated Community
containing no more than thirty (30) dwelling units. The second entry may be
designated for emergency access only.
(e) Private Access Amenity Plan: For each Gated Community, a private access
amenity plan shall be submitted to the Planning Director for review and
approval in consultation with other City departments. A private access amenity
plan shall be submitted with any Gated Community PUD application. At a
minimum, the private access amenity plan shall include a scale drawing
showing the plan and profile of all walls, gates, entry areas, landscaping,
architectural features, and signs, etc. This will provide opportunity to review
proposed controlled access mechanisms, access points, landscaping, screening
walls, or similar buffering barriers, and other related private street
components.
(f) The City staff may request rendered perspectives and elevations of proposed
structures that are components of the Private Street(s), including description of
proposed building materials, roof pitches, signage, and showing relationships
to adjacent structures and such other items as the City staff might reasonably
request.
(g)
The City staff may require additional data to amplify and clarify the private
access amenity plan; such information may include, without limitation, fencing,
access controllers, entrance areas, barriers, perimeter walls, and exterior
landscaping.
(h) The City staff may require additional data to illustrate items outside the Gated
Community, such as, entrance area, barriers, perimeter walls, exterior
landscaping, and other elements as required by City staff.
(i) No credit will be allowed for the development of private parks, not open to the
public. The developer of the Gated Community shall pay a parkland fee in lieu
of parkland conveyance is accordance with Section 8.308 (1).
(j) Private streets and alleys must be constructed within one or more separate lots.
Such lot(s) must conform to the City's standards for public street and alley
right-of-way. An easement covering the street lot(s) shall be granted to the City
providing unrestricted use of the lot(s) for utilities and the maintenance of
same. This right shall extend to all utility providers including telecable
companies, operating within the City. The easement shall also provide the City
with the right of access for any purpose related to the exercise of a
governmental service or function, including but not limited to fire and police
protection, inspection and code enforcement. The easement shall permit the
City to remove any vehicle or obstacle within the street lot that impairs
governmental service or function, or emergency access.
(k) With respect to the maintenance and repair of public utilities located within the
boundaries of the special purpose lots for private streets, the City's obligation
to restore the surface of the special purpose lot shall be limited to the repair or
restoration of any grassed area, broom -finished concrete driveway or sidewalk,
concrete roadway curb, or asphaltic concrete roadway surface that is removed
or disturbed in the course of installing, operating, repairing, or accessing any
utilities, lines, or associated appurtenances owned by the City or Public
Utilities. The City and Public Utilities shall not be obligated to repair or
restore any other item so removed or disturbed, including but not limited to,
trees, shrubs, non -grass ground cover, grass other than common St. Augustine
or Bermuda, walls, posts, fences, lighting other than street lighting required
under Section 8.412, decorative paving, or structures. The City and Public
Utilities shall have final authority in determining the limits of any such repair
or restoration, the satisfactoriness of such repair or restoration, and that such
repair or restoration is in keeping with the standards of other such repairs or
restoration provided elsewhere in the City.
(1) All private traffic signs shall conform to the Texas Manual of Uniform Traffic
Control Devices, as amended, and City ordinances and regulations.
(m) Until conveyance of the private streets, appurtenances, related private storm
sewers and drainage facilities to the property owners association, the Developer
will maintain a commercial general liability insurance policy written by a
company licensed to do business in Texas, with a combined single limit of not
less than Five Hundred Thousand and No/100 Dollars ($500,000.00), which
coverage may be provided in the form of a rider and/or endorsement to a
previously existing insurance policy. Such insurance coverage shall specifically
name the City as an additional insured. This insurance coverage shall cover all
perils arising from the use of the private streets. A copy of each instrument
effecting coverage shall be delivered to the City on or before recordation of the
plat. Until the private streets are conveyed to the property owners association,
the Developer shall not cause such insurance to be canceled nor permit such
insurance to lapse. All insurance certificates shall include a clause to the effect
that the policy shall not be canceled, reduced, restricted or otherwise limited
10
until thirty (30) days after the City has received written notice as evidenced by
a return receipt of registered or certified mail.
(5) Property Owners Associations
(a) Each Gated Community PUD shall have an approved property owners
association. The Developer will cause to be recorded community covenants
that include provisions for (i) mandatory membership in a property owners
association by all property owners within the Gated Community; (ii) for
mandatory assessments secured by a lien which assessments will include
maintenance of private streets, appurtenances, related private storm sewers and
drainage facilities; (iii) requirements that the property owners association be
responsible for the maintenance of private streets, appurtenances, related
private storm sewers and drainage facilities; and (iv) such other provisions
required by this Section 8.432(5). The covenants required herein shall be
approved by the Director of Planning and City Attorney, and filed for record
contemporaneously with the filing of the final plat in the County records
department. In lieu of filing the covenants with the final plat, the Developer
may record with the final plat a street restrictive covenant, approved by the
Director of Planning and City Attorney, obligating the Developer to maintain
and repair the private streets, appurtenances, related private storm sewers and
drainage facilities and common areas and facilities (and such other provisions
required by the City) until a property owners association has been created and
community covenants recorded which otherwise comply with this section;
provided however that in any event the property owners association must be
created and the community covenants must be recorded prior to the
Developer's conveyance of any lot to a third party. No assessments need be
levied by the property owners association until the property owners association
has been created and community covenants recorded and the private streets,
appurtenances related private storm sewers, and drainage facilities and common
areas and facilities have been conveyed by the Developer to the property
association; provided that such private streets, appurtenances, related private
storm sewers and drainage facilities, or common areas and facilities must be
conveyed to the property association no later than twelve (12) months after
completion.
(b) The community covenants shall provide for a Street Maintenance Reserve Fund
for the maintenance, repair and reconstruction of private streets, related private
storm sewers and drainage facilities, access control structures and equipment.
This Reserve Fund shall be maintained in a separate account and may not be
co -mingled with any other property owners association funds. A portion of the
assessments levied by the property owners association will be placed in the
Street Maintenance Fund. The portion of the assessments collected from lot
owners and placed in the Street Maintenance Fund will be based on the current
maintenance and replacement schedule prepared and certified by a licensed
engineer or an individual holding an RS ("Reserve Specialist") designation
from the Community Associations Institute. In conjunction with approval of the
final plat, the basis and formula for calculating the amount of assessments to be
deposited in the Street Maintenance Fund, shall be subject to review and
approval by the Director of Transportation Services and the City Engineer. The
property owners association shall provide to the City; (i) annually an affidavit
setting forth the fund balance and any expenditures therefrom; and (ii) at least
once every three (3) years, an updated maintenance and replacement schedule
prepared and certified by a licensed engineer or a Reserve Specialist. No more
than once annually, the basis and formula for calculating the amount of
assessments to be deposited in the Street Maintenance Fund may be amended,
subject to the review and approval of the Director of Transportation Services
and the City Engineer.
11
(c) The community covenants will permit, but shall not obligate, the City to repair
and maintain private streets, appurtenances, related private storm sewers and
drainage facilities if the Developer or the property owners association, as
applicable fails to maintain such facilities in good condition and repair after the
City has provided such party written notice and the thirty (30) days to remedy
such failure. Notice will not be required in the case of an emergency. An
"emergency" means a condition threatening the health or safety of any person,
or significant damage to any publically owned property or utilities, as
determined by the City in its sole and absolute discretion. The community
covenants shall further provide that the City may use the outstanding balance in
the Street Maintenance Reserve Fund if the City is required to repair or
maintain the private streets, appurtenances, related private storm sewers and
drainage facilities.
(d) Membership Requirements: Every lot owner within the Gated Community shall
be a member of the property owners association.
(e) The community covenants shall provide that the streets within the Gated
Community are private, owned and maintained by the property owners
association and that the City has no obligation to maintain or reconstruct the
private streets, non-public storm sewers and drainage facilities. The covenants
shall include the following provision.
"The property owners association shall be responsible for
contacting the City of Round Rock Transportation Services
Department every two (2) years, or as needed, from time of
initial completion to schedule an inspection, to include city
staff and the property owners association's representative for
reviewing the private streets."
(t) The community covenants shall include language, approved by the City
Attorney, whereby the association agrees to release and hold harmless the City,
its officers, agents, and employees, from any and all claims, lawsuits,
judgments, costs or causes of action of any nature whatsoever, whether real or
asserted, brought for or on account of any injuries or damages to persons or
property including death, resulting from or in any way connected with the
construction, maintenance or operation of the private streets.
Upon conveyance of the private streets, appurtenances, or related private storm
sewers and drainage facilities to the property owners association, the property
owners association will maintain a commercial general liability insurance
policy, written by a company licensed to do business in Texas with a combined
single limit of not less than Five Hundred Thousand and No/100
($500,000.00), which coverage may be provided in the form of a rider and/or
endorsement to a previously existing insurance policy. Such insurance coverage
shall specifically name the City as an additional insured. This insurance
coverage shall cover all perils arising from the use of the private streets. A
copy of each instrument effecting coverage shall be delivered to the City on an
annual basis. The property owners association shall not cause such insurance to
be canceled not permit such insurance to lapse. All insurance certificates shall
include a clause to the effect that the policy shall not be canceled, reduced,
restricted or otherwise limited until thirty (30) days after the City has received
written notice as evidenced by a return receipt of registered or certified mail.
(6) Conversion of Private Streets to Public Streets
(a) Voluntary Conversion: The City may, but is not obligated to, accept private
streets for public access and maintenance. The procedure must conform to all
of the following provisions:
(g)
12
(i) The property owners association must submit a petition signed by one -
hundred percent (100%) of its members.
(ii) All of the streets must be in a condition that is acceptable to the City,
in its sole judgment.
(iii) All access controllers and other structures not consistent with a public
street development must be removed at the expense of the property
owners association and to the satisfaction of the City.
(iv) If any maintenance of the streets and roadways is required, the City
may use the outstanding balance in the reserve fund for such
maintenance. Any remaining balance in the fund shall be returned to
the lot owners at the time the private street and/or roadway is
converted to a public street on a fair and equitable basis to be
determined by the City Council. If the outstanding balance is
insufficient to perform the required maintenance, the property owners
association shall provide additional funds as required.
(v) Each lot owner shall execute an instrument of dedication for filing of
record, the form of which shall be approved by the City Attorney's
office.
(7) Design Standards
The design and construction of the infrastructure within a Gated Community shall
conform to the same rules, regulations, standards, and specifications established for
standard subdivisions with public streets.
(a) Structures:
(i) Perimeter fences at entry access points, entry monuments, and access
controllers, may be erected within public utility, drainage and storm
sewer easement(s), provided they do not impede the operation,
installation, maintenance, repair, or replacement of public utilities,
drainage facilities, and storm sewers within the easement(s), as
determined solely by the City Engineer.
(ii) Where access controllers are a part of a larger, multipurpose structure,
only that portion of the structure which functions as access controllers
may encroach the building line adjacent to the private street.
(8) Street lights on private streets
Street lighting shall be provided on private streets in accordance with Section 8.412. It
shall be the responsibility of the property owners association to pay for the cost of
operating the street lights on private streets.
(9) Additional requirements or standards
The foregoing requirements and standards for Gated Community PUD's are considered
to be the minimum requirements. However, nothing contained herein shall be
considered as a limitation on the City Council's discretion to modify these or other
requirements or standards to make them more or less restrictive, as required by the
unique circumstances of each PUD application.
13
XI.
That Chapter 8, Section 8.400, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
Section 8.424 which shall read as follows:
8.424 NON-RESIDENTIAL PRIVATE STREET DEVELOPMENT
(1) Intent and Purpose
It is the intent of these Non -Residential Private Street Development regulations to:
(a) allow Non -Residential Private Street Development to occur within the City on a
limited and restrictive basis; and
(b) provide for Non -Residential Private Street Development as alternative types of
development to allow the City to expand its development types.
(2) Guidelines for Non -Residential Private Street Development
The following guidelines are to be satisfied as part of the review and approval process
for all Non -Residential Private Street Development:
(a) All Non -Residential Private Street Development shall be located in areas zoned
as Planned Unit Development District (PUD) in accordance with Sections
11.314 and 11.419 of this Code.
(b) Each application for a Non -Residential Private Street Development PUD shall
be subject to the approval of the Commission and the City Council, on a case
by case basis, based upon the criteria described in this section. However, an
applicant who meets the stated criteria will not be entitled to the Non -
Residential Private Street Development PUD as a matter of right, but shall
obtain approval of the Non -Residential Private Street Development PUD at the
discretion of the Commission and City Council.
(c) A Non -Residential Private Street Development shall not contain a gated or
guarded entrance to limit access to the private street system by members of the
general public.
(3) General Requirements
All Non -Residential Private Street Development PUD's shall include the following
minimum requirements in the PUD ordinance and/or development plan included
therein:
(a) The Private Street system must comply with design standards in this Chapter.
All ordinances, rules, regulations, design standards and construction standards
which govern public streets shall apply to Non -Residential Private Street
Development, including but not limited to, street and roadway width, paving,
drainage, sidewalks, submission of plans, and street lighting requirements.
(b) The private street system within a Non -Residential Private Street Development
shall provide perpetual access for all lots within the development, for police
and other emergency vehicles, public and private utility maintenance and
service personnel, solid waste collection services, the U.S. Postal Service, and
government employees in pursuit of their official duties.
14
(4) Specific Requirements
(a) Each Non -Residential Private Street Development plat shall contain the
following wording on the face of the plat:
(i) "The streets have not been dedicated to the public, for
public access nor have they been accepted by the City of
Round Rock as public improvements, and the streets and
roadways shall be maintained by the property owners
association within the subdivision, except that the streets
and roadways shall always be open to the public, as well as
emergency vehicles, public and private utility maintenance
and service personnel, solid waste collection services, the
U.S. Postal Service, and governmental employees in pursuit
of their official duties."
(ii) "The undersigned, his successors, and assigns hereby agrees
to release, indemnify, defend and hold harmless the City,
any governmental entity and public utility for damages to
the private streets occasioned by the reasonable use of the
private streets by the City, governmental entity or public
utility, for damages and injury (including death) arising
from the condition of said private street; for damages and
injury (including death) arising out of the use by the City,
governmental entity or public utility of the said private
streets. The owners of all lots contained in this plat shall
release the City, governmental entities and public utilities
for such damages and injuries. The indemnifications
contained in this paragraph apply regardless of whether or
not such damages and injury (including death) are caused
by the negligent act or omission of the City, governmental
entity or public utility, or their representative officers,
employees or agents"
(iii) "The undersigned, his successors, and assigns hereby agrees
that the City is not obligated to provide certain City services
on the private streets contained within the development,
including, without limitation, routine police patrols, street
lighting, enforcement of traffic and parking ordinances and
preparation of accident reports."
(b) A PUD for a Non -Residential Private Street Development must be approved by
the City prior to the approval of the final plat. The City shall consider the
PUD application after review and recommendation by the City staff. Subject to
City Council approval, the requirements of this Chapter may be modified in the
ordinance adopting the PUD.
(c) Easements: Non -Residential Private Street Development plats shall provide the
following easements:
(i). public utility easements containing the private streets and public
utilities; and
(ii). additional public utility, drainage and storm sewer easements required
by the City, Public Utilities, or other public agencies; and
(iii). pre-existing easements unaffected by the platting process; and
(iv). such private service easements, including but not limited to, utilities,
fire lanes, street lighting, government vehicle access, mail collection
15
and delivery access, and utility meter reading access, as may be
necessary or deemed mutually convenient by the applicant and the City.
(d) Private streets and alleys must be constructed within one or more separate lots
owned by the property owners association. Such lot(s) must conform to the
City's standards for public street and alley right-of-way. An easement covering
the street lot(s) shall be granted to the City providing unrestricted use of the
lot(s) for utilities and the maintenance of same. This right shall extend to all
utility providers including telecable companies, operating within the City. The
easement shall also provide the City with the right of access for any purpose
related to the exercise of a governmental service or function, including but not
limited to fire and police protection, inspection and code enforcement. The
easement shall permit the City to remove any vehicle or obstacle within the
street lot that impairs governmental service or function, or emergency access.
(e) With respect to the maintenance and repair of public utilities located within the
boundaries of the special purpose lots for private streets, the City's obligation
to restore the surface of the special purpose lot shall be limited to the repair or
restoration of any grassed area, broom -finished concrete driveway or sidewalk,
concrete roadway curb, or asphaltic concrete roadway surface that is removed
or disturbed in the course of installing, operating, repairing, or accessing any
utilities, lines, or associated appurtenances owned by the City or Public
Utilities. The City and Public Utilities shall not be obligated to repair or
restore any other item so removed or disturbed, including but not limited to,
trees, shrubs, non -grass ground cover, grass other than common St. Augustine
or Bermuda, walls, posts, fences, lighting other than street lighting required
under Section 8.412, decorative paving, or structures. The City and Public
Utilities shall have final authority in determining the limits of any such repair
or restoration, the satisfactoriness of such repair or restoration, and that such
repair or restoration is in keeping with the standards of other such repairs or
restoration provided elsewhere in the City.
(0 All private traffic regulatory signs shall conform to the Texas Manual of
Uniform Traffic Control Devices, as amended, and City ordinances and
regulations.
(g)
The PUD for a Non -Residential Private Street Development may contain
provisions to allow driveway access from properties outside the Development
and adjacent to a private street, as determined by the City.
(5) Property Owners Associations
(a) A Non -Residential Private Street Development PUD shall have an approved
property owners association. The property owners association shall require
membership by all property owners within the Non -Residential Private Street
Development PUD, and have provisions to assess and/or place liens on owners
for nonpayment of street maintenance dues. The property owners association
shall own and be responsible for the maintenance of private streets,
appurtenances, related private storm sewers and drainage facilities. The
property owners association shall provide for the payments of dues and
assessments required to maintain the private streets. The property owners
association covenants and bylaws shall be approved by the Director of Planning
and City Attorney. The approved document must be filed for record
contemporaneously with the filing of the final plat in the County records
department.
(b) The property owners association covenants and bylaws shall provide for a
Street Maintenance Reserve Fund for the maintenance, repair and
reconstruction of private streets, related private storm sewers and drainage
facilities, access control structures and equipment. This Reserve Fund shall be
16
maintained in a separate account and may not be co -mingled with any other
property owners association funds. A portion of the assessments levied by the
property owners association will be placed in the Street Maintenance Fund. The
portion of the assessments collected from lot owners and placed in the Street
Maintenance Fund will be based on the current maintenance and replacement
schedule prepared and certified by a licensed engineer or an individual holding
an RS ("Reserve Specialist") designation from the Community Associations
Institute. In conjunction with approval of the final plat, the basis and formula
for calculating the amount of assessments to be deposited in the Street
Maintenance Fund, shall be subject to review and approval by the Director of
Transportation Services and the City Engineer. The property owners
association shall provide to the City; (i) annually an affidavit setting forth the
fund balance and any expenditures therefrom; and (ii) at least once every three
(3) years, an updated maintenance and replacement schedule prepared and
certified by a licensed engineer or a Reserve Specialist. No more than once
annually, the basis and formula for calculating the amount of assessments to be
deposited in the Street Maintenance Fund may be amended, subject to the
review and approval of the Director of Transportation Services and the City
Engineer.
(c) The property owners association's covenants shall contain provisions that allow
the City to assume the duty of performing the maintenance obligations should
the property owners association dissolve or in any way fail or refuse to
maintain its obligations. The covenants shall further provide that the City may
use the outstanding balance in the Street Maintenance Reserve Fund for
maintenance or in the alternative, levy an assessment upon each lot on a pro
rata basis for the cost of such maintenance.
(d) Membership Requirements: Every lot owner within the Non -Residential Private
Street Development shall be a member of the property owners association.
(e) The property owners association documents shall indicate that the streets within
the Non -Residential Private Street Development are private, owned and
maintained by the property owners association and that the City has no
obligation to maintain or reconstruct the private streets, related private storm
sewers and drainage facilities. The covenants shall include the following
provision.
"The property owners association shall be responsible for
contacting the City of Round Rock Transportation Services
Department every two (2) years, or as needed, from time of
initial completion to schedule an inspection, to include city staff
and the property owners association's representative for
reviewing the private streets."
(0 The property owners association covenants and bylaws shall include language,
approved by the City Attorney, whereby the association agrees to fully
indemnify, hold harmless and defend the City, its officers, agents, and
employees, from any and all claims, lawsuits, judgments, costs or causes of
action of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property including death,
resulting from or in any way connected with the construction, maintenance or
operation of the private streets.
(6) Conversion of Private Streets to Public Streets
(a) Voluntary Conversion: The City may, but is not obligated to, accept private
streets for public access and maintenance. The procedure must conform to all
of the following provisions:
17
(i) The property owners association must submit a petition signed by one -
hundred percent (100%) of its members.
(ii) All of the streets must be in a condition that is acceptable to the City,
in its sole judgment.
(iii) All structures not consistent with a public street development must be
removed at the expense of the property owners association and to the
satisfaction of the City.
(iv) If any maintenance of the streets and roadways is required, the City
may use the outstanding balance in the reserve fund for such
maintenance. Any remaining balance in the fund shall be returned to
the lot owners at the time the private street and/or roadway is
converted to a public street on a fair and equitable basis to be
determined by the City Council. If the outstanding balance is
insufficient to perform the required maintenance, the property owners
association shall provide additional funds as required.
(v) Each lot owner shall execute an instrument of dedication for filing of
record, the form of which shall be approved by the City Attorney's
office.
(7) Design Standards
The design and construction of the infrastructure within a Non -Residential Private
Street Development shall conform to the same rules, regulations, standards, and
specifications established for standard subdivisions with public streets.
(8) Street lights on private streets
Street lighting shall be provided on private streets in accordance with Section 8.412. It
shall be the responsibility of the property owners association to pay for the cost of
operating the street lights on private streets.
(9) Additional requirements or standards
The foregoing requirements and standards for Non -Residential Private Street
Development PUD's are considered to be the minimum requirements. However,
nothing contained herein shall be considered as a limitation on the City Council's
discretion to modify these or other requirements or standards to make them more or
less restrictive, as required by the unique circumstances of each PUD application.
XII.
That Chapter 8, Section 8.601, Subsection (2), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
SECTION 8.600 STORMWATER DRAINAGE FACILITIES
8.601 GENERAL POLICIES
(2) All stormwater drainage facilities shall be designed to intercept and transport the
projected runoff from a twenty-five year (25 -year) frequency storm. In addition, those
flows greater than a 25 -year frequency up to and including a one hundred year (100-
18
year) frequency storm shall be contained within private streets, public streets, drainage
easements, or a combination thereof.
XIII.
That Chapter 8, Section 8.702, Subsection (3), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
SECTION 8.700 PUBLIC IMPROVEMENTS
8.702 CONSTRUCTION OF PUBLIC IMPROVEMENTS
(3) Sidewalk Construction
(a) Sidewalks for Single Family, Two -Family and Single -Unit Townhouse Lots
Except as provided in Section 8.405(3), a Developer shall install sidewalks on
the rear of double frontage lots, on the side of a corner lot and where shown on
the Subdivision Improvement Construction Plans.
(b) Sidewalks for Multi -Unit Townhouse, Multifamily, and Non -Residential Lots
A Developer shall install sidewalks for Multi -Unit Townhouse, multifamily and
non-residential lots that abut a street and where shown on the Subdivision
Improvement Construction Plans. A Subdivision shall not be accepted until the
sidewalk has been constructed in accordance with the regulations of this
Chapter and has been inspected and approved by the City Engineer.
(c) Deferment of Sidewalk Construction
Sidewalks shall be installed in accordance with (a) and (b) above, except under
the following circumstances, as determined by the Transportation Director:
(i) Where the existing cross-section of the street makes immediate
construction of a sidewalk impractical;
(ii) Where a non-residential Subdivision abutting an existing street is
isolated from any other sidewalk by a distance of twice the frontage of
the Subdivision; or
(iii) Where construction or reconstruction of the street where a sidewalk is
to be placed is imminent and the sidewalk would be destroyed if
constructed.
19
XII.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with. , ,,
READ, PASSED, and ADOPTED on first reading this 2.41h day
of J1414'e• , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
20
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Pw, v-(ula
SARA L. WHITE, City Secretary
DATE: June 19, 2008
SUBJECT: City Council Meeting — June 26, 2008
ITEM: 9D2. Consider an ordinance amending Chapter 8, Code of Ordinances (1995
Edition), to allow gated residential development and non-residential
private streets. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
The City has been approached by the developer of Arbor Place to develop a gated community of
approximately 120 single family lots. The ordinance would permit such development only with
specific PUD zoning. This would allow Council to consider each development on its merits. The
amendments to the Subdivision Ordinance would provide all the terms and conditions that would
apply to any PUD and clearly define the responsibility of the Property Owners Association in
maintaining private streets and infrastructure.
Funding:
Cost: N/A
Source of funds: Maintenance of private streets would be transferred to the property owners.
Outside Resources: N/A
Background Information:
There was a presentation of this ordinance to Council at the June 12, 2008 meeting.
Public Comment: N/A