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0634DRIVEWAY ORDINANCE NO. 634 AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING CRITERIA AND REGULATIONS FOR THE DESIGN, CONSTRUCTION, LOCATION, SPACING, RELOCATION AND REMOVAL OF DRIVEWAYS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING ENFORCEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home nde City acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, driveway access and design regulation can reduce the number of vehicular accidents by reducing the number of conflicting turning movements; and WHEREAS, driveway access and design regulation can reduce congestion and increase roadway capacity by reducing the number of driveways and approaches; and WHEREAS, driveway access and design regulation can make roadways safer by locating driveways outside of the hazardous areas of intersections; WHEREAS, driveway access and design regulation can increase tax revenues by improving the image of the City of Southlake and attracting new business, industry, and residents, and WHEREAS, the City Council of the City of Southlake has determined that driveway access and design regulation is necessary to adequately protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1.0 PURPOSE AND INTENT The purpose of this ordinance is to ensure that property shall be provided safe & efficient vehicular access to or from the public street system, to protect the capacity for handling peak traffic volumes of public streets, to maintain smooth traffic flow, and to maintain street and right-of-way drainage. It is the intent of this ordinance to achieve the following: A. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system. B. Reduce conflicting turning movements and congestion thereby reducing vehicular accidents. C. Maintain and enhance a positive image for the attraction of new, high quality, residential and nonresidential development in the City. 2.0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance, the following roles shall be applied in constructing, interpreting or otherwise defining the terms and. provisions hereof: Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. b. The word "shall" is mandatory and the word "may" is permissive. 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Subdivision Ordinance, Zoning Ordinance, Thoroughfare Plan, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. This ordinance contain.~ definitions that differ from prior ordinances. ACCELERATION LANE: An auxiliary lane beyond a driveway or public or private street that allows vehicles time to accelerate after turning right to merge onto a major street facility or collector or local street. APPLICANT: Any owner, authorized agent, lessee, contractor or developer who desires to construct, reconstruct, relocate or in any way alter the design or operation of one (1) or more driveways. ARTERIAL: Any existing or furore roadway classified as an arterial in the Thoroughfare Plan. AUXILIARY LANE: A separate lane, including transition areas, in addition to the general travel lanes intended to maintain the free flow of traffic. Examples include free right turn lane, free left mm lane, deceleration lane or acceleration lane. CITy ENGINEER: The City Engineer or that person's designee. COLLECTOR: Any existing or future roadway classified as a collector in the Thoroughfare Plan. CONTINUOUS DECELERATION LANE: A deceleration lane that serves two (2) or more driveways, public streets or combination thereof. DECELERATION LANE: An auxiliary lane in advance of a driveway or public or private street that allows vehicles time to slow before turning right from a major street facility or collector or local street. DESIGN HOUR: The one (1) hour period of a typical week with the highest volume of traffic on the roadway. DIRECTOR: The Director of Public Works or that person's designee. DRIVEWAY: Any approach or access that connects real property to a public or private street. The driveway is primarily located within public right-of-way but may be considered to extend onto private property when necessary to ensure safe operation of the driveway/street intersection. DRIVEWAY. CIRCULAR: A residential driveway that has two connections to a public or private street. DRIVEWAY. COMMERCIAL: A driveway providing access to commemial property or providing access to administrative or employee parking lots on industrial property. The principle use of commercial driveways will be automobile traffic with incidental use by truck traffic. DRIVEWAY. COMMON: A driveway constructed to provide access for two (2) or more properties. DRiVEWAY. DIVIDED: A driveway having separate ingress and egress drives divided by a raised median. DRIVEWAY, MULTI-FAMILY: A driveway which provides access to multi-family property. DRIVEWAY. RESIDENTIAL: A driveway which provides access to a single-family residence, to a duplex or to a multi-family building containing three or fewer dwelling units. DRIVEWAY, SERVICE: A driveway whose principle use is to provide ingress and egress for truck movements to and from loading docks ofa cornmercial or industrial property. For the purposes of this ordinance, a truck is any vehicle or combination of vehicles (e.g. tractor-trailer) with a gross vehicle weight of 26,001 pounds or greater. DRIVEWAY THROAT WIDTH: The shortest distance between the parallel edges driveway measured edge of pavement to edge of pavement for driveways without curbs and measured face of curb to face of curb for driveways with curbs. FREE RIGHT TURN LANE: An auxiliary lane that provides stacking for and allows right turns from a street onto an intersecting street. FREE LEFT TURN LANE: A auxiliary lane that provides stacking for and allows left turns from a street onto an intersecting street. FREEWAY FRONTAGE ROAD: Driving lanes within State of Texas 1LO.W. that parallel the principle freeway driving lanes and provide access to property adjacent to R.O.W. INTERNAL DRIVE: A private road or access way on private property that connects buildings or abutting ground to a driveway. 1NTERNAL STORAGE: The full-width extension of the driveway throat for ingress and egress from the property/R.O.W, line internal to the property which does not contain parking nor permits vehicular cross movement to adjacent parking_ LOCAL STREET: Any future or existing roadway designed to provide direct access to residences and provide internal traffic circulation within neighborhoods. MAJOR STREET FACILITY: Any of the following: (1) S.H. 114 and corresponding freeway frontage roads, (2) F.M. 17.09 and F.M. 1938, or (3) arterial streets. PARKWAY: The area of the R.O.W. between edge of pavement and the corresponding R.O.W. line. PROPERTY. COMMERCIAL: Property, regardless of zoning district, which is used wholly or partially for offices, the wholesale or retail sale of goods and services or for community services such as parks, schools, places of worship and governmental facilities. PROPERTY, INDUSTRIAL: Property, regardless of zoning district, other than commercial property, multi-family property or residential property as defined in this ordinance. PROPERTY, MULTI-FAMILY: Property, regardless of zoning district, that contains four (4) or more attached dwelling units. PROPERTY, RESIDENTIAL: Property, regardless of zoning dislrict, that contains three (3) or fewer dwelling units. STREET CLASSIFICATION: The functional classification of a street as defined in the Thoroughfare Plan or as defined by the Director for those streets not shown in the Thoroughfare Plan. TRAFFIC IMPACT ANALYSIS (TIA~: A study prepared and signed by a Registered Professional Engineer in the State of Texas that certifies the existing traffic conditions and determines the projected traffic to be generated by a proposed development. 3.0 PERMIT REOUIRED 3.1 GENERAL: No person shall construct, reconstruct, relocate or in any way alter the design or operation of any driveway without a building or approach permit issued by the Chief Building Official. No work shall be undertaken on a driveway until the executed permit has been received by the applicant. In no event shall a driveway be allowed or permitted if it is determined by the Director to be detrimental to the public health, safety and welfare. 3.2 APPLICABILITY: Driveway permits shall be issued only in compliance with this ordinance and may include terms and conditions authorized by the ordinance. 3.3 STREET RECONSTRUCTION: Where in the course of public street reconstruction by the City, County or State of Texas it becomes necessary to revise an existing driveway to protect public health, safety and welfare, the property owner shall be notified in writing of the required changes. Said changes shall be implemented at the cost of the appropriate public agency, and will not result in denial of reasonable access from the property to the general street system. 3.4 TRAFFIC IMPACT ANALYSIS REQUIRED: For commercial, service or mnlti-family driveways on a major street facility or collector or local street, the Applicant shall submit a Traffic Impact Analysis as part of the permit application and review process if the number of parking spaces serviced by the driveway exceeds 100 spaces per driveway or if -5 the driveway is projected to serve 1000 or more vehicles per day or 100 ingress vehicles in the design hour. 3.5 COMMON ACCESS: Lots with sufficient frontage to safely meet the design requirements of Section 5.0 may be permitted their own driveways. A common access easement may be required between adjacent lots fronting on a major street facility or collector or local street in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The owner or developer of property required to use common driveways shall be responsible for obtaining easements on adjacent property as necessary. The City may, but shall not be required to, assist in the acquisition of off-site easements if the owner is unable to acquire them. With a request for assistance, the owner shall provide the City with documentation of his efforts, including evidence of a reasonable offer made to the adjacent property owner. Upon such a written request for assistance, the City may attempt to acquire these easements through negotiations. If the negotiations are unsuccessful, a request may be submitted to Council for consideration of acquisition through condemnation or a request may be submitted for consideration of a temporary drive in accordance with Section 6.2 if the adjacent property has not developed. If the applicant choses to pursue an off-site easement, the total cost of the acquisition and the cost of the easements shall be paid by the owner (developer). If the applicant choses to pursue a temporary drive, the owner (developer) shall be responsible for the cost of the temporary drive and shall provide f'mancial security to remove the temporary drive and replace or repair the street as needed upon development of the adjacent property. In the event the City elects not to acquire the property through condemnation, alternate driveway locations and designs shall be required in conformance with tiffs ordinance. 4.0 REVISION OF EXISTINQ DRIVEWAYS FOR CONFORMANCE Upon application for building permit or certificate of occupancy, existing driveways that are not in conformance with this ordinance shall be brought into compliance at the expense of the Applicant as a condition of the building permit or certificate of occupancy if one of the following conditions exists: a. The existing use of the driveway is projected to increase in actual or proposed daily design hour volume by twenty (20) percent or more. The change in the use of the property or modifications to the property restricts the flow of vehicles entering or exiting the property in a manner which is anticipated to disrupt normal traffic flow in the public street, thereby creating a hazard. Change in property use may include but is not necessarily limited to change in type of business, expansion in an existing business, change in zoning, and subdivision which creates new parcels. It does not include modifications in advertising, landscaping, remodeling, general maintenance, or aesthetics that do not affect internal or external traffic flow or safety. 5.0 DESIGN CRITERIA The following standards shall be followed in the design and construction of driveways within the City of Southlake. 5.1 DESIGN STANDARDS: The values in Table One represent minimum and/or maximum standards to be applied in designing and locating driveways on City streets. Criteria Driveway Throat Width* Driveway Curb Radius* ~aum Distance to section Along Roadway~ Minimum Centerline Driveway Spacing Along RoadwayS- TABLE ONE (including notes on the following page) Street Residential Commercial & Service Driveway Classification Driveway Multi-Family Driveway S.H. 114 & frontage roads 12-20 ff. 24-40 ft. 30-48 ff. F.M. 1938, F.M. 1709, S.H. 26 12-20 ff. 24--40 ft. 30-48 ft. Arterial 12-20 ff. 24-40 ff. 30-48 ff. Collector 12-20 ff. 24-40 ff.O ' 30-48 ft.O Local Street ~ 24-40 ff.~ 24-36 ft.~ S.H. 114 & frontage roads 20-25 fL 20-30 ff. 25-40 ff. F.M. 1938, F.M. 1709, S.H. 26 20-25 fL 20-30 ff. 25-40 ft. Arterial 20-25 ft. 20-30 ft. 25-30 ft. Collector 15-20 fL i0-20 ff.~ 10-20 ft.~ Local Street 5-10 ft. 10-20 ft.® I0-20 ff.~ S.H. 114 & frontage roads 150 ff. 200 ft. 200 ft. F.M. 1938, F.M. 1709, S.H. 26 150 ft. 500 ft. 200 ft. Arterial 150 ft. 200 ft. 200 ft. Collector 50 ft. 150 ff.® 150 Local S~'eet 30 ft- 100 ft.~ 100 fL® S.H. 114 & frontage roads 80 ft. 500 ff., 500 F.M. 1938, F.M. 1709, S.H. 26 80 fL 500 ff.,¢. 250 Arterial 100 ff. 250 ff. 250 ff.~k Collector 40 ft. 150 fL® 150 Local Street 20 ft. 100 100 fLO TABLE ONE NOTES: The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the Director if traffic volumes, truck usage, common driveways, and other factom warrant such. The minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the Director. See Section 5.2('0) for additional restrictions on driveway locations along S.H. 114 frontage roads. Distance measured from the intersecting R.O.W. line to the centerline of the driveway. See Section 5.2Co) for additional restrictions on driveway locations along S.H. 114 fi'ontage roads. Service driveway centerline spacing may be reduced to 150' if the ingress/egress volume is less than 50 vehicles per day and if the service driveway is a secondary driveway ancillary to a commercial driveway within the same development. · The minimum centerline spacing may be reduced to 250' provided that the driveway is connecting directly to a frontage road and provided that it meets the criteria in Section 5.2('o). Refer to Section 5.2(c). Commercial, multi-family and service driveways may not be permitted on collector or local streets. The minimum centerline spacing may be reduced to 250' for right-in/right-out driveways. Refer to Section 5.2(a). 5.2 GENERAL DESIGN CRITERIA DRIVEWAYS ON F.M. 1709, F.M. 1938 & INTERSECTING ARTERIALS: The minimum eenterline spacing for full-access driveways on F.M. 1709 & F.M. 1938 is 500 feet as per Table One; however, the minimum centerline spacing may be reduced to 250 feet for right-in/right-out driveways in accordance with Appendix 1: Driveways constructed within 250 feet of an intersection of F.M. 1709 or F.M. 1938 and an arterial shall be right-in/right-out only. All right- in/fight-out drives shall be designed in accordance with Appendix 5 and shall have signs placed at the Applicants expense indicating right turn in only facing the street and right turn out only facing the property. DRIVEWAYS ON S.H. 114: Driveways along S.H. 114 (and its future frontage roads) shall be designed in accordance with Texas Department of Transportation (TxDOT) access control guidelines as applicable to the conceptual design and a|i~ments of the proposed reconstruction of S.H. 114. Driveways will be not be allowed within areas indicated as "access denied" as per Appendices 2 & 3. Co DRIVEWAYS PROHIBITED: Commercial, multi-family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. In the event there is no other public access, commercial, multi-family and service driveways shall be permitted on collector or local sta'eets provided that they meet the design standards in Section 5.1. REQUIRED INTERNAL STORAGE (STACKING / MINIMUM THROAT LENGTH): The driveway for any multi-family, commercial or industrial property that connects to a major street facility or collector or local street shall extend onto private property a minimum distance of 10 feet, but not less than the required front bufferyard width, from the right-of-way line before intersecting any internal circulation drive. Internal storage (stacking) shall be provided on multi-family, commercial or industrial properties for corresponding driveways in accordance with Table Two for driveways that provide ingress/egress to parking areas of 20 or greater spaces. TABLE TWO Average Number of Total Number of Minimum Storage Length Parking Spaces per Parking Spaces~ Driveway? 20-49 20-49 (bufferyard width + 18') or 28'; whichever is greater 50-199 50' 200+ 75' 50 to 199 50-199 75' 200+ 100' 200+ 200+ 150' The average number of parking spaces per driveway is calculated by dividing the total number of parking spaces by the number of eommemial & multi-family driveways. (Service driveways are not included in the calculation.) ~tte total number of parking spaces is the stun of all spaces accessible by a driveway or driveways both on-site and off-site. The internal storage shall be separated from parking areas by a raised curb island or median with a back-of-curb to back-of-curb width equal to the minimum storage length divided by 25 or 3 feet, whichever is greater. Planting requirements for the island or median shall be in accordance with Sections 3.4(b) and 3.5 of the Landscape Ordinance No. 544, excluding the requirements for canopy trees. Appropriate signage (e.g. stop, yield, etc.) shall be placed for any vehicular cross movement or internal circulation that intersects the ingress/egress circulation beyond the required internal storage. 10- COMMON ACCESS EASEMENTS: The use of common driveways shall require the dedication of a joint-use private access easement on each affected property. Said dedication shall be provided on the final plat of the subject properties, or be filed by separate instrument with Tan'ant County with a copy forwarded to the City. The common access easement shall encompass the entire width of the planned driveway plus an additional width of one foot (1') on both sides of the drive. At a minimum, the size of the aeeess easement must be twelve (12') feet wide and fifteen (15') feet deep for residential driveways or twenty-six (26') feet wide and forty-two (42') feet deep for commercial and service driveways. When the center of the easement is offset from the common lot line, the easement must~ extend past the lot line a minimum distance of one (1) foot. RADIUS RETURN LIMIT: For any driveway, the point of radius return tangency with the street curb shall not extend beyond the property line (projected perpendicular to the street centerline) except as provided in common driveway agreements and as approved by the Director. g. CURB LEAVE-OUTS: Ifa street curb is to be left out for later installation of a driveway, the driveway shall be poured within six (6) months of the issuance of the permit, or the curb shall be replaced. UTILITY OFFSET MINIMUM: No portion of any driveway shall be located within four (4') feet of any fire hydrant, electrical pole, or any other surface public utility. The Applicant, at his expense, may have the surface utility moved, if the public utility agency determines that the move will not detrimentally affect the service. CURB INLET DRAINAGE OFFSET: The driveway curb return at the point of tangency with the street curb shall not be located within (a) five (5') feet of the downstream edge or ten (Iff) feet of the upstream edge ora straight curb inlet or inlet extension or Co) within ten Off) feet of a recessed inlet. OFF-STREET MANEUVERING: All vehicle maneuvering on multi-family, commercial, and industrial properties into a parking space or up to a loading dock or into any other area shall be accomplished by off-street maneuvering areas and internal driveways. No back-in or back-out vehicle maneuvering from a driveway shall be allowed to occur on any public street or right-of-way with the exception of residential drives on local streets. ADEQUATE SIGHT DISTANCE: Driveways shall be prohibited where adequate sight distance is not available for the established speed limit Sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets." Ifa field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered Professional Engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location. SITE PLAN REQUIRED: A site plan showing all existing right-of-way, easements, curbs, storm drain inlets, flmes, underground and overhead utilities, trees and sidewalks shall be required for each non-residential driveway permit application. The proposed driveway grades shall also be shown for a minimum distance of fifteen (15') feet past the right-of-way line. All driveways and median openings within 150 feet of the subject property on both sides of each abutting street shall be shown on the site plan. If an adjacent street contains a raised median, showing driveway(s) on the opposite side of the street shall not be required tmless a median opening is present or proposed. 5.3 RESIDENTIAL STANDARDS CIRCULAR DRIVES: Circular drives are allowed on residential lots not fronting on arterial or collector thoroughfares. There shall be 25' minimum distance between the two interior portions oftbe drives at the R.O.W. line. The minimum lot frontage required to construct a circular drive is 70 feet. COMMON DRIVE WIDTH: A residential driveway shared by two or more properties shall have a minimm throat width of twelve (12') feet. A common access easement shall also be required as described in Section 3.5. Shared residential driveways may be required for adjoining residential lots on major street facilities to reduce the number of access points on those roadways. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot from any major street facility shall not be permitted unless that lot has no other public access. If such a driveway is approved on a major street facility, an off- street maneuvering area approved by the Director shall be provided to ensure that vehicles will not back into the public street. Driveway access to a residential lot from a collector street may be denied if either (a) the lot has access to a local street or (b) the proposed access would create a traffm flow or safety problem unless there is no other access. 5.4 AUXILIARY LANES WHEN REQUIRED: As a condition of a Driveway Permit, the Applicant shall provide a deceleration lane for any driveway located on an arterial sweet if the right mm ingress volume exceeds 50 vehicles in the design hour (150 vehicles if the design hour occurs on a Sunday). If the existing or future speed limit on the street faciliW exceeds 40 MPH, a deceleration lane may be required if40 right Co do turn ingress vehicles occur in the design hour (100 vehicles if the design hour occurs on a Sunday). DRiVEWAYS PROHIBITED: No driveway shall be permitted within the transition area of any separate right turn or deceleration lane. EXTENSION OF RIGHT TURN LANE: When a driveway is approved within the separate right mm lane ora public street intersection, the lane shall be extended a minimum of fifty (50') feet in advance of the driveway. CONTINUOUS DECELERATION LANE: A continuous deceleration lane may be required as a condition of a driveway permit when two or more deceleration lanes are planned and their proximity necessitates that they be combin0d for proper traffic flow and safety. The transition taper for a continuous deceleration lane shall not extend into or beyond a public street intersection. LEFT TURN LANES ON UNDIVIDED ROADS: On undivided arterial roadways, a left mm lane and taper may be required as a condition of the driveway permit when the product of the projected left mm ingress volume (50 minimum) and the opposing volume per lane exceeds 25,000 in any design hour. In such cases, a Traffic Impact Analysis shall be provided by the Applicant to analyze the present and future traffic volumes to verify that the left turn lane is necessary to maintain minimum levels of traffic flow and safety. LEFT TURN LANES ON DIVIDED ROADS: On divided arterial roadways, the Applicant shall, as a condition of the permit, construct a left turn lane at an existing public street median opening when the proposed driveway will be served by such median opening and no left turn lane exists in the median. g. TEMPORARY AUXILIARY LANE: The Director may requke a temporary attxiliary lane to be constructed on existing arterial roadways that are planned for future improvement. h. DECELERATION LANE EXTENSION: In the event the Applicant is allowed to locate a driveway connecting to a deceleration lane within one hundred (100!) feet of an arterial intersection, the Applicant shall be required to extend the deceleration lane to such intersection. The one hundred (100') feet shall be measured from the nearest edge of the driveway throat to the nearest R.O.W. line of the intersecting arterial. CONSTRUCTION COSTS: The Applicant shall be responsible for the design, right-of-way adjustment of utilities, and construction costs of any auxiliary lane and street widening required as a condition of the driveway permit. If for any reason an auxiliary lane required under this Ordinance cannot be constructed in conjunction with the driveway by the Applicant, the Applicant may be required to place all necessary funds in escrow with the City. 13 5.5 SIGNALIZED DRIVEWAYS DRIVEWAY INTERSECTION SIGNAL ANALYSIS: As a condition of a driveway permit on a major street facility, the Applicant shall submit driveway volume and capacity information when signalization is requested at the driveway intersection. Signals shall not be installed unless one or more signal warrants are met as per the most recent edition of the MUTCD (Manual on Uniform Traffic Control Devices) and unless the study indicates the installation of a traffic signal will improve the overall safety and/or operation of the driveway intemection. If a signalized driveway is constructed on F.M. 1709, F.M. 1938, or on the S.H. 114 or the frontage roads of S.H. 114, it shall be no less than 1000 feet from any adjacent signalized driveway or signalized public street intersection. SIGNAL CONSTRUCTION: If the driveway analysis indicates a signal is required and an overall public benefit is shown, the Director may require as a condition of the permit that the Applicant pay for the traffic signal installation costs necessary to serve the subject driveway. SIGNAL RECONF1GURATION COSTS: Ifa driveway is permitted and installed at an existing signalized intersection, the Applicant shall pay any costs necessary to modify the existing signal to acconunodate the new driveway. 5.6 SPECIAL DRIVEWAY DESIGNS HIGH VOLUME DRIVES: The Director shall require the Applicant to submit a Traffic Impact Analysis for any driveway on a major street facility or collector or local street projected to serve 1,000 or more vehicles per day, or 100 ingress vehicles in the design hour. Based on the need created by such driveway, the Director may require internal driveway improvements, turning movement prohibitions, auxiliary lanes, and traffic control devices to address safety and/or capacity problems with the property which may have a detrimental effect on the adjacent public street system. LEFT TURN EGRESS CONTROL MEDIAN: All driveways on undivided arterial roadways having a projected exiting left mm volume that will operate at a level-of-service "E" or worse as defined in the Thoroughfare Plan may be required to be c0nstmcted with a left mm egress control median. Likewise, any driveway having a projected ingress left mm volume that will have a level-of-service "E" or worse as defined in the Thoroughfare Plan may be required to have a left turn ingress control median. If the level of service for both left mm ingress and left turn egress are projected to be at a level-of-service "E" or worse as defmed in the Thoroughfare Plan, a right in/right out driveway design shall be required. -14- 5.7 DRAINAGE DESIGN: In the vicinity of existing or future drainage structures, no driveway shall be permitted which may impair the effectiveness of the existing drainage facilities. Drainage in side ditches shall not be significantly altered or impeded by any driveway. 6.0 CONSTRUCTION STANDARDS 6. I DRAINAGE: ESTATE SECTIONS (streets without curb and gutter): When drainage structures are required, the dimensions of the culvert or opening and other design features, such as slope, capacity of structure, drainage computations and amount of flow, necessary grading upstream and downstream information, and section treatment and similar information on any upstream and downstream structures shall be shown on a site plan and accepted by the City Engineer. A minimum (smooth flow) pipe size of an eighteen inch (18") diameter shall be required. The restricted areas (defined in Section 7.1) adjacent to the driveways may be filled in or graded, provided they are in compliance with the requirements herein. CULVERT DESIGN: The drainage structure shall have a minimum capacity of a five (5) year frequency event (and preferably a 25 year or 100 year), unless an analysis is submitted by the applicant that demonstrates the bar ditch capacity on both sides of the proposed installation is less. The City Engineer may, based on the results of this analysis, allow a culvert with less capacity. In addition, grading of the upstream and/or downstream side ditches may be required to allow the proposed drainage system to function as designed. Proper provisions shall be made for surface drainage, so that all surface water on any filled area shall be carded over the drive and drainage structure by means of a swale (minimum eighteen inches (18") unless otherwise approved) and in accordance with the natural drainage patterns. REQUIRED HEADWALL: The drainage system undemeath the filled area shall have sloped end sections six feet (6') horizontal to one foot (1') vertical with necessary concrete rip-rap or TxDOT standard Type "A" or "B" headwalls. This provision shall apply unless an alternate is requested in writing and approved by the City Engineer. CURB AND GUTTER STREETS: The surface of the driveway at the throat (tangent point of the driveway radius to the edge of the driveway) shall be six (6") inches or greater above the pavement at the outer line. Driveways shall not be constructed at such locations or in such manner that water is diverted fi.om the street onto private property. -15- TEMPORARY DRIVEWAYS: Temporary driveways are any driveways intended for short term usage, such as during construction, as an altemate construction route or any other interim use. Temporary driveways will be of a sufficient standard for the intended purpose, but in no case will the standards be less than the following: 1. Ditch flows will not be impeded, 2. The entrance will allow access by emergency vehicles during all weather conditions, 3. The entrance will not create adverse impacts on existing roadways, 4. The entrance shall be maintained during the life of the temporary facility. In no cases will the use of a temporary driveway be permitted for a period longer than 120 days. In the event that an entrance is anticipated to be used for a longer period of time specific permission will need to be obtained from the Director of Public Works. 6.3 PERMANENT DRIVEWAYS: Permanent driveways are any driveway intended for long term usage. All construction shall conform with the City of Southlake Construction Standards. In no case shall the thickness of the driveway approach be less than the thickness of the parking lot or adjacent ultimate roadway section, whichever is greatest. 7.0 MISCELLANEOUS REOUIILEMENTS: 7.1 PARKWAY USE LiMITATiONS: All parts of the street right-of-way between the street curb or shoulder pavement and the parallel property line along the Applicant's property frontage, except the areas contained in driveways, shall be defined as restricted areas. Curbs shall be installed by the Applicant as may be deemed necessary to the Director or the City Engineer to prohibit vehicle parking and access in the restricted areas. Internal curbs shall be concrete, asphalt, or masonry barrier type curbs, six (6") inches in height and shall be painted to prevent traffic hazards 7.2 ADJACENT PARKING AREAS: Where a parking area is located adjacent to parking within public R.O.W. such as "head-in" or "curbside" parking, a concrete curb shall be constructed to separate the parking area from the right-of-way. The curb shall be set back from the property line so that no part of a vehicle that is parked on the parking lot shall extend over adjacent property or over public property, right-of-way, street, or sidewalks. Any such curb or block shall be a minimum of six (6") inches wide, six (6") inches high, and shall be permanently and securely anchored. The property owner shall replace any damaged or missing curbs or vehicle blocks as necessary, or as required by the Dkector. 7.3 VEHICLE SERVICE FEATURES: The minimum distance from the right-of-way line to the edge of service pumps, vendor stands, tanks, water hydrants, or any other vehicle service equipment shall be fourteen (14~) feet. To permit free movement of large vehicles, and in certain instances to insure that said vehicles will be parked entirely off 16 the street right-of-way while being serviced, a greater distance may be required by the Director. 7.4 MAINTENANCE AND RESERVATIONS: Maintenance of all driveways, islands, and other driveway appurtenances within public right-of-way shall be the responsibility of the Applicant prior to issuance of a certificate of occupancy after which the maintenance shall be the responsibility of the property owner. The City reserves the right to inspect these installations at the time of construction and at all times thereafter. The City may require changes, maintenance, or repairs as may at any time be considered necessary to provide for protection of life and property on or adjacent to the public street. The cost of changes, lnaintenances, and repairs shall be borne by the property owner. 8.0 MODIFICATIONS, VARIANCES AND APPEALS 8.1 MODIFICATIONS: Modifications may be granted by the Director for the particular area of responsibility controlled by such official under unique circumstances whenever needed to recognize extenuating circumstances or preserve the health, safety and welfare oftbe public, and provided the modifications provide the same degree of protection, and provided that the modifications are in conformity with the intent and purpose of this ordinance. The Director may defer any request by an applicant to the City Council for final determination. 8.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision of the Director regarding modifications to this ordinance shall file a written appeal to the Director who shall place the request on the agenda for consideration by the City Council. The City Council shall have the authority to grant a variance to this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing urmeces~ary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. 9.0 ENFORCEMENT 9.1 BUILDING PERMIT: No permits for building construction or site work, including grading and paving, shall be issued for multi-family, commercial or service driveways until a site plan meeting the requirements of this ordinance has been approved by the Chief Building Official. No permits for residential construction shall be issued for residential driveways until a plot plan meeting the requirements of this ordinance has been approved by the Chief Building Official or his designee. -17- 9.2 CERTIFICATE OF OCCUPANCY: All driveways, parking, auxiliary lanes, drainage work or other requirements of this ordinance shall be completed prior to the issuance of a Certificate of Occupancy. 10.0 VIOLATIONS Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for each incident. Each day that a violation exists shall constitute a separate incident 11.0 SEVERABIL1TY It is hereby declared to be the intention of the City Council that the phases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 12.0 CONFLICTING ORDINANCES This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 13.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for driveway access and design which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 14.0 PUBLICATIONS CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any -18- violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 15.0 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 16.0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Director in response to changes in the administration of this ordinance. -19- PASSED AND APPROVED on the 1st reading the [~ day of /~4~/ , 1995. ~ ~: ~ A~'EST: ~ ~ITY SEC~T~Y PASSED AND APPROVED on the 2nd reading the ~ day of X~5/~[,f.,/ , 1995. CITY SEC~T~Y APPROVED AS TO FORM AND LEGALITY: - 20 - APPENDIX 1 Driveway Spacing along FM 1709/FM 1938 & Intersecting Arterials F.M. %70q / Iq~S V R~6wr- I~ / m,~. ,5 can- June 20, 1995 A - 1 These appendices are not considered a parr of this ordinance and may be revised or updated as necessary by the Director. APPENDIX 2 Access Control at Entrance Ramp Junction with SH 114 Frontage Road INTERSEC~ON OF TRAVELWAYS FRONTAGE ROAD IUTERSEC'nOH OF RO^DWA¥ SUaFACINO-~-1 ~ ~ US. ACCESS DENIED WHERE PRACTICAl. June 20, 1995 /k 2 These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the Director. APPENDIX 3 Access Control at Exit Ramp Junction with SIt 114 Frontage Road ~ ~'"~-~ I INTERSECTION OF ROADWAY SURFACING /?4d/,o ..~. ] INTERSECTION OF FRONTAGE ROAD VAR. US. MIN.~ACCES~ DENIED ACCESS DENIED WHERE PRAC~CAL + Longer distance desirable partlcularly'.for high volume exit ramp and/or frontage road. NOTE: IT MAy BE DESIRABLE TO PLACE JIGGI. E BARS IN CROSS-HATCHED AREA 313 DISCOURAGE CROSSING. June 20, [995 A - 3 These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the Director. APPENDIX 4 Standard Driveway Design (Full Access) / Driveway Terminology June 20, 1995 A - 4 APPENDIX 5 Right-in / Right-out Driveway Design (Limited Access) 50' R MIN.' CURB - MIN. SOLID WHITE LINE  50'R MIN. June 20, 1995 These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the Direcfor. APPENDIX 6 Right-in / Right-out / Left-out Driveway Design (Limited Access) 20' R MIN. CURB 50' R MIN. WHITE LINE June 20, 1995 These appendices are not considered a part of this ordinance and may he revised or updated as necessary by the Director. APPENDIX 7 Right-in / Right-out / Left-in Drive~vay Design (Limited Access) 50' R MIN. CURB SOLID WHITE LINE 20' R MIN. June 20, 1995 These appendices are not considered a part o£ this ordinance and may be revised or updated as necessary by the Director. APPENDIX 8 Divided Median Driveway (Full Access) June 20, 1995 ~k - 8 Fort Worth Star-Telegram 400 W. SEVENTH STREET•FORT WORTH,TEXAS 76102 Tug' STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the city of Southlake, Texas,will pe holding a epgublic_ DATE AD INVOICE NO. DE: City Council meeting to Regular AD SIZE INcHt/RtNE RATE AMOUNT heldon June6_ 1995,bepinningat MAY 19 3185682 CL . 358 be held in the City Coing nciwill 1X64 L 64 4 . 24 271 . 36 be held m the City Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of T_ ...___.._. — thepublichearingIstoconsid- - - - - the followingRDII NANCE DRIVEWAY O AN No.63ORDINANCE THE CI --" -- CITY OF SOUTHLAKE ES- TABLISHING ES- TABLISHING CRITERIA AND REGULATIONS FOR TON, LOCAY ON S—"--" SPAC- ING, RELOCATION AND REMOVAL OF DRIVE- WAYS PROVIDING FOR DEFINITIONS- PROVID- ING FOR PERMIT RE- QUIREMENTS, PROVID- ING A REVIEW PROCESS; e PROVIDING ENFORCE- MENT PROCEDURES- ._-_ __ __.. .........-. ....__... PROVIDING THAT THIS`. .. ORDINANCE SHALL BE -....._.._...... ...... ..._._.... -.-_..- -- ... CUMULATIVE OF ALL OR- JBSCIBED A� DINANCES PROVIDING A• SEVERABILITY CLAUSE;. ��, _! i \�^� D SWORN T( PROVIDING FORVIOLATIONS A PEN HIS THE 22NC DAY OF MAY 1995 ALTY FOR VIOLATIONS' " HEREOF; PROVIDING A AVINGSLUSELCOS - NOTARY PUBLIC --------- -- - TION IN THE OFFICIAL -- C ��� NEWSPAPER AND PRO- VIDING AN EFFECTIVE DATEOLATIONS TARRANT COUNTY, TEXAS ----- Any person, firm, corpora- tion,agent or employee there- of who violates any of the pro- visions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof -" *�'vv,P+� , WASON "-- Fgoal'lve be fined not to exceed VICKI LYNN W O/ / '�� Five Hundred Dollars and No gip•' y Cents(5500.00)for each inci- dent.Each ay that a violation ` - 't -XPI �` exists shall constitute a sepa- rate Incident $ -- ' DECEMBER 14 1998 Sand a L.uLeGkandexas PP �1',.),F` f_,,l_ i City Secretary .- -a.' n•-• -c .-c - -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO ; 400 W. SEVENTH -, FW , TX 76102 •.. P E�,'iT Tc',: ►• R 4��R)S(oi@'�P�'X R9+��'4Xhi'X4P��(X'�P1-2os, Fort WorthStar-Tele ram 3185682 ANUMBERCCOUNT C I T 5 7 AMOUNT 271 . 36 PAGE 16F 1 CITY OF SOUTHLAKE N. 667 N CARROLL AVE PLEASE PAY 271 . 36 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED