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HomeMy WebLinkAboutOrdinance 2091 . . . ORDINANCE NO. 2091 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING DEVELOPMENT STANDARDS IN APPROVAL OR DISAPPROVAL OF FUTURE PLATS WITHIN THE LITTLE BEAR CREEK DRAINAGE BASIN; DEFINING THE LANDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has adopted the Little Bear Creek Corridor Study, attached as Exhibit A, which establishes the preservation of the environmental significance of this creek corridor, and recommends establishing a flood plain management ordinance to prevent the channelization of this corridor and to preserve its flood plain as a natural drainage way; and WHEREAS, the Little Bear Creek watershed is rapidly developing, which will increase the storm water discharge and correspondingly increase the water surface elevation; and WHEREAS, the City Council has recognized the Little Bear Creek Corridor as an open space connector as a part of the Comprehensive Land Use Plan as well as part of the City- wide Trail System Plan; and WHEREAS, the City of North Richland Hills has identified a need to maximize adjacency of public thoroughfares to the creek corridor and its tributaries; and WHEREAS, the City of North Richland Hills recognizes the inherent beauty and value of the creek and development strategies which preserve it as a natural resource; and WHEREAS, the Little Bear Creek Corridor Boundary Map, attached as Exhibit B, presents a flood plain delineation for Little Bear Creek based on a fully developed watershed, and presents delineation of environmentally significant areas consistent with the development guidelines presented in the Little Bear Creek Corridor Study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS, THAT: This ordinance shall be considered as guidelines for the Planning and Zoning Commission in approving or disapproving plats in that portion of the Little Bear Creek drainage area which is defined below, in the body of the ordinance and any exhibits thereto. The controls in the platting considerations, which are set out in this ordinance, are adopted as legislative and discretionary acts of the Council in prescribing regulations within a specified portion of the City which shall only apply to sub-divisions which are platted in the future under the platting function imposed by statute. These regulations so prescribed and enacted are: 1 . . . Article 1 Purpose and Intent Section 100. Goals and Objectives The City of North Richland Hills recognizes the natural landscape along Little Bear Creek flood plain as a unique setting distinct to North Richland Hills. To ensure that this characteristic and quality are maintained and enhanced, these guidelines and this ordinance are established: A. To enhance drainage functions of the corridor while preserving the natural qualities of the creek. B. To create a linear greenbelt system that will complement and enhance adjacent development. C. To support the objective of maintaining a balanced and diverse landscape which promotes a rural character. D. To encourage parkways to run along the flood plain for public access and to maintain views. Section 110. Compliance with Flood Damage Prevention Ordinance No. 2061 Nothing contained herein shall exempt any development from the requirements contained in the Flood Damage Prevention Ordinance, as adopted and amended by the City of North Richland Hills. The requirements contained herein shall be in addition to any requirements contained in the Flood Damage Prevention Ordinance. Section 120. Delineation of Area Where Regulations Apply These regulations shall be applicable to all new subdivisions and re-subdivisions within the corporate city limits which are located in and within one hundred fifty (150) feet of the Little Bear Creek fully developed 100 year flood plain limits, and it's major tributaries, as identified on the Little Bear Creek Boundary Map. Section 130. Establishment of a Development Review Committee The City Manager shall appoint a Development Review Committee comprised of representatives of the Public Works Department, Planning Department, Parks and Recreation Department, and other staff as deemed appropriate, to review proposed subdivisions as re-subdivisions for consistency with this ordinance and the Development Guidelines identified in the Little Bear Creek Corridor Study and the Little Bear Creek 2 I . . . Boundary Map, and make recommendations to the Planning and Zoning Commission. Article 2 Reclamation Options Within the Fully Developed Flood Plain Section 200. General Requirement The base flood elevation and flood plain used for design and planning shall be evaluated upon total storm water discharge quantities that will, through future urbanization, be generated from a fully developed watershed. Reclamation of land areas located within the fully developed flood plain of the Little Bear Creek Corridor and its tributaries are discouraged by these regulations. The drainage way of the creek and it's major tributaries shall be left in a natural state to control erosive velocities, prevent excessive downstream discharges and preserve the natural effect of the stream. When a development is proposed in the platting process, which intends to reclaim any portion of the fully developed 100 year flood plain, the requirements of this Article shall apply. Section 210. Reclamation of Flood Plain No portion of the fully developed 100 year flood plain shall be reclaimed unless all of the following criteria have been satisfied: A. It can be demonstrated that there will be no rise in the 1 DO-year frequency flood elevation for a fully developed upstream watershed. B. No environmentally significant area, as established In the Little Bear Creek Boundary Map, will be adversely impacted. C. Any flood plain remaining after final reclamation shall be designated in accordance with Section 220 of this ordinance. Section 220. Designation of Fully Developed 100 Year Flood Plain Where land is considered for development and reclamation or partial reclamation has been approved and accepted, or where no reclamation of the fully developed 100 year flood plain is proposed, the following alternatives shall apply: A. Any flood plain remaining after final reclamation shall be dedicated as a drainage and public access easement to the City to prevent further encroachment, allow public access, and assure proper drainage maintenance. 3 . . . B. Any flood plain remaining after final reclamation, if so desired by the applicant, may be dedicated by plat or fee simple title to the City. C. When a portion of the fully developed 100 year flood plain is contained within the limits of a subdivision plat, it shall be designated on the plat as a "Drainage and Public Access Easement" or, if so desired by the applicant, may be designated on the plat as dedicated to the City. D. Flood plain designation, as described in this article, shall be concurrent with the approval of final plat or replat in the statutory platting process. Article 3 Development Standards Section 300. Maximizing Public Exposure and Providing Public Access to the Flood Plain To the maximum extent feasible, subdivisions shall be designed so as to maximize public exposure and provide access to the flood plain corridor. Every new subdivision or re- subdivision shall provide for public access to the flood plain and open space as follows: A. Public Access shall be provided by the alignment of continuous parallel streets along the frontage of the corridor, as demonstrated in Figure 1 and 2 on Exhibit C attached hereto. B. When it is not possible to align continuous streets, access points shall be provided through the use of cul-de-sac's opening onto the flood plain and loop streets paralleling the flood plain at minimum five hundred (500) foot intervals. C. Lots shall either front or side the flood plain. Cul-de-sac's shall open onto the flood plain, providing maximum public access. No lot shall back to the flood plain, unless when absolutely necessary due to engineering constraints or upon recommendation of the Development Review Committee. Section 310. Residential Street, Access, and Visibility Easements The development requirements of this section shall apply to every new subdivision or re- subdivision of property located within the Little Bear Creek Corridor. A. Lots located on Residential streets and Minor Collector streets shall provide a minimum thirty five (35) foot front building line to retain and enhance the natural qualities of the corridor, reinforce the development image, and create a continuous road edge. 4 I . B. Visibility Sight Triangles, as shown in Figure 3 on Exhibit C attached hereto, are required. No fence, screening wall, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight of the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade. On corner lots where two C2U Minor Collector streets intersect, or where a C2U Minor Collector street intersects with a R2U Residential street or larger, the triangular area shall be formed by the greater of either (1) extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or (2) extending the property lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. However, sight distance shall not be required in excess of 275 feet. C. North Tarrant Parkway and Davis Boulevard shall have a minimum 60 foot visibility and access triangular easement, as shown in Figure 4 on Exhibit C attached hereto, adjacent to the right-of-way line within the limits of the corridor as described in Section 120 of this ordinance. . Section 320. Sidewalk Requirements Sidewalks shall be required along all residential streets within the corridor, including the open space along the Little Bear Creek flood plain. Sidewalks along the open space frontage of the Little Bear Creek flood plain shall be constructed as a parallel-to-the-street meandering 10 foot concrete trail, as shown in Figure 5 on Exhibit C. Article 4 Severability Clause . That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance or any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5 Article 5 Effective Date That this ordinance shall be in full force and effect from the date of passage and approval. PASSED AND APPROVED this the 11th day of December, 1995. APPROVED: ~L-"'oÂÂ~~n~ -~ Tommy Br~~~Øly~r- ATTEST: {~4-~7Z~ ~ J~-;tte Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: ~ Rex McEntire, Attorney for City 6 I . . . -~ "EXHIBIT A" A Development Guide for the LITTLE BEAR CREEK CORRIDOR ._.~... . .. ,~~<; ( ..\:.t--.... ~~9':;.;:.:: .. ,-:.'-. . .,........;.4f"!~ ... w:" .. < ..... ..... r· - NEÐRTH RICH LAND HILLS Newman, Jackson, Bieberstein, Inc. Urban Planning and Landscape Architecture Dallas, Texas . . . "EXHIBIT C" DIAGRAMS ~ I S ,INrE~SEa1oÑ ':>16.IJAGe: 8- PAVEMENt" MA.ItlqNE;s. - .(,~ '"'" "',-í\\"""" .. .~ ~,... _ r ~ "-, I- ~.... S : :,L...I ~-. <Qr- - . . _1~ Figure 1. Par~~ISueetAccess ..~ Figure 2. Parallel Street with Lots Siding ~ ~ ~ ~ ;r ::t l::- ~, ~I.-'- ;fil'::~" . :-:' . . .' I ..":, . ..., . :) -. V/S/þ/J.I1T T/CW{ql¿ ?1-"/ . ~~:tz:;; ~~srr·~~.o .~ ~~~~ . oJ. ~.: .::.~ ¡¡. '.. .,:'\, . ..: :".::'~~ ~ ! 1"~.:::,::~,.", ~ K'.". ~. ~~ ¿,¡ue I : - C/lfD7 I œ1 :~NT7AL ~~ ", .. ~ ~. ~ , Figure 3. 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