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Ord. 0421-01 08-22-83ORDINANCE NO. 421-1 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING, DELETING AND RENUMBERING OF SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I That Subsection (D)(5) of Section 27-3 of Chapter 27, entitled " "Submittal of final plat," of the Code of Ordinances of the City of Pearland, Texas, be and the same is hereby amended to hereafter read as follows: (5) Submittal of final plat. (a) Prior to submittal to the City, the final plat shall have the approval of the Brazoria County Drainage District No. 4, if the property is situated in Brazoria County, or approval of the Harris County Flood Control District, if the property is situated in Harris County. (b) Four (4) prints of the final plat and original tracing shall be submitted with the written appli- cation for approval at least seven (7) days prior to a meeting without exception. (c) Upon request and immediately prior to filing of the final plat, the letter or title certificate required in section 27-3(C)(3)(d) shall be brought up to current date by a supplementary report from the title guaranty company or title attorney. (d) A copy of the final restrictive covenants the nature of the use of the property submitted. The City may, in the public require that the restrictive covenants simultaneously with the plat. SECTION II to govern shall be interest, be filed That Section 27-6 of Chapter 27, now entitled "Excep- tion," of the Code of Ordinances of the City of Pearland, Texas, be and the same is hereby amended to read as follows: Section 27-6. Private Streets. (A) Private Street Definition. Any area, parcel, or strip of land whether or not the same to be depicted or shown as such on any plan, map, or drawing, and which is not a duly dedicated and established public street of and in the City which provides access from any public street to any building or buildings and to which buildings there is no other access from such public street than over the area, strip, or parcel of land in question. The term private street as used in this section shall also include any area, strip, or parcel of land whether or not the same is depicted or shown as such on any map, plan, or plat which provides a connection between any two public streets in the City and which the general public is permitted to use for the purpose of traveling from one of such public streets to the other. Under this definition, the public shall be considered as being permitted to so use such area, strip, or parcel of land if in fact it does so and its use is not obstructed by gates, chains, or watchmen. The mere fact that there may be posted signs prohibiting such use by the public shall not suffice to keep the area from being considered a private street under the terms of this ordinance if in fact the owner thereof does not take and continue to take sufficient steps to actually prevent such use. (B) Exceptions. Notwithstanding the foregoing defini- tion, however, the following shall not be considered "private streets" within the purview of this ordinance, namely: (a) Any driveway designed principally to provide access to the outbuildings appurtenant to any principal building, or to provide access to delivery platforms or the entrances of a building appropriate for the delivery thereto of goods or merchandise; (b) An area appurtenant to a store or a group of stores, offices, a theatre, a church or any similar establishment, designed primarily to be used as a parking space by customers or patrons of the establishment or group of establishments in question; and (c) An entrance way or roadway designed to provide. entrance to and/or communication or passage between the several units of a single industrial establishment or of a group of such establishments which are under common control or management; provided such industrial entrance way or roadway shall be considered a private street under the terms of this ordinance if it has entrances upon two or more public streets, unless there are at each of such entrances, gates, chains, or watchmen by which all persons are prevented from using the same except those employed by or having business to conduct at such industrial plants or establishments in question. (C) Submission of Plats for Private Streets. (a) Platting. Every person, firm or corporation desiring or intending to open, lay out, grade or other- wise improve any private street as defined in this ordinance or desiring to erect any building which shall have over any such private streets its access or its principal access to any public street in the City, shall before opening, laying out, grading or otherwise improving such private street and before applying for a building permit for the erection of any such building, first cause a map or plat to be made of the entire area owned by him or under his control into or across which such private street is to be laid out or opened and shall file the same with the City Planning & Zoning Commission for its approval or disapproval. (b) Specifications. Each plat submitted shall accurately describe the entire tract or area of land giving the dimensions thereof and indicating the location of all public streets touching or crossing the same; and shall show the location and dimensions of all buildings within the area and of all buildings which it is proposed to erect therein, with an indication of the location of the principal entrances of each building, and of how access is intended to be had thereto from the nearest public street. On such map there shall also be shown the proposed location and the dimensions of any private street proposed or intended to be opened, laid out, graded, or improved thereon. If the area is proposed to be used for the erection therein of four or more separate buildings, exclusive of out buildings, designed primarily for residential purposes, the map shall also show the division of the area into lots in accordance with the sales, use or development intended to be made thereof. Plat submittal shall be in accord- ance with Section 27-3 of the Code of Ordinances. (c) The face of plats containing private streets shall also show the following information: Number of buildings (containing dwelling units) Number of dwelling units Location of building entrances Number of off-street parking spaces required Number of off-street parking spaces provided Location of existing and proposed fire hydrants Planned unit development lot and open space data analysis to include: (a) Total number of lots (b) Total area of lots (in square feet and acres) (c) Average lot area (b t a in square feet) (d) Typical lot size (length and width) (e) Total area of common open space (in square feet and acres) (f) Average common open space per lot (e = a) (g) Lot plus common open space (c + f) (h) Total area for: street rights -of -way (both public and private), unrestricted reserves, drainage easements or other areas in square feet and acres (i) Dwelling unit density (a : total gross area of project -exclusive of unrestricted reserves) (D) General Requirements and Design Standards for Pri- vate Streets. (a) General. Arrangement and Layout. The pattern or layout of the street system in any project should provide for the following basic design concepts: (1) provide adequate vehicular access to all build- ings and facilities within the plat boundaries; (2) provide adequate interior traffic circulation and access to all buildings containing dwelling units by fire fighting personnel and equipment; -3- (3) Provide adequate access to the existing public street system adjacent to the boundaries of the plat, and; (4) Be so designed to allow for the smooth flow of through vehicular traffic, avoiding such traffic hazards as closely off -set intersections, angular and multiple point intersections, jogs and other design features which would induce a hazard to vehicular traffic and the occupants of the project. (b) Width. Private streets shall have a minimum unobstructed paving width of 28 feet. If parallel parking is proposed along the private street, additional paving width will be required to accommodate such parking. (c) Dead -ends, Cul-de-sacs, L-type and T-type Turn-arounds. Dead-end private streets shall be ter- minated by a circular cul-de-sac having ora an outside roadway diameter of eighty (80) T-type turnaround design approved by the City. (d) Private Street Names. Street names shall be designated on any private street, drive -way, or access easement shown on any plat submitted to the City Planning Commission for approval. (e) Length of Dead-end Private Streets. No dead- end private street shall extend further than 300 feet from the nearest right-of-way line of the intersecting public or private street measured along the center line of said private street to the center of the circular turnaround (cul-de-sac) or the outer limit of the paving in the T-type or L-type turnaround configuration. (f) Intersections. In those instances where a private street intersects with a public street paved with dual roadways and esplanade, the private street should be located at an established esplanade opening. Private streets shall not be direct (straight line) projections of any public street, except in those instances where such extension is at an intersection with a public street paved with dual roadways and esplanade. Intersections of all streets shall be at right angles with variations not to exceed 10 degrees. Right angle intersections of private streets shall have a 20-foot radii at both corners. Acute angle intersec- tion shall have 25-foot radii at the acute corner on both public and private streets.' (g) Multiple Access Points to Public Streets. All projects containing private streets shall have a private street system so designed to provide adequate emergency vehicular access. SECTION III That Section 27-6 of Chapter 27, entitled "Exception," of the Code of Ordinances of the City of Pearland, Texas, be and the same is hereby amended so that said section, and all existing -4- and amended text of subsections, shall be numbered as "Section 27- 7. Exception." SECTION IV That Section 27-7 of Chapter 27, entitled "Extension of extraterritorial jurisdiction," of the Code of Ordinances of the City of Pearland, Texas, be and the same is hereby amended in that said section, and all existing and amended text of subsections, shall be numbered as "Section 27-8. Extension of extraterritorial jurisdiction." SECTION V That Section 27-8 of Chapter 27, entitled "Adoption of thoroughfare plan," of the Code of Ordinances of the City of Pearland, Texas, be and the same is hereby amended so that said section, and all existing text, shall be numbered as "Section 27- 9. Adoption of thoroughfare plan." SECTION VI It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall be made part of the Code of Ordinances, City of Pearland, Texas, and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION VII All provisions of the Code of Ordinances of the City of Pearland, Texas, in conflict with amendments herein made are hereby expressly repealed to the extent of such conflict. SECTION VIII This Ordinance shall be effective and in full force on the tenth day after its publication in the official newspaper of the City of Pearland, Texas. -5- ATTEST: PASSED AND APPROVED ON FIRST READING this , A.D. 1983. CITY OF PEA"TAND, TEXAS ' day .7'7 ' L T. HONAS J. REID, .• or PASSED AND APPROVED ON SECOND AND FINAL READING this day of A.D. �1 , A.D. 1983. CITY OF PEARLAND, T ATTEST: 'DOROTHY COOK,//City Skcretary APPROVED AS TO FORM: THOMAS J. REID,4'4ayor -6-