2019-025 - Amending Ordinance No. 1315 Subdivision Regulations to Incorporate the Master Thoroughfare PlanORDINANCE NO. 2019-025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF
THE CITY OF PARIS, AS HERETOFORE AMENDED, TO INCORPORATE THE
MASTER THOROUGHFARE PLAN AS PREVIOUSLY ADOPTED; PROVIDING
A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted
a Subdivision Ordinance to regulate subdivision and development of land located inside the
corporate city limits and the extraterritorial jurisdiction of the City of Paris, Texas; and,
WHEREAS, these subdivision regulations have been updated and revised over the
years as state law has changed and development trends have evolved; and,
WHEREAS, heretofore, the City Council adopted a Master Thoroughfare Plan; and
WHEREAS, in 2018, City Council adopted a Comprehensive Plan Update (the "CPU"),
which recommends connecting the master thoroughfare plan to the subdivision regulations
to ensure the city's authority to enforce right-of-way dedications and other needed
improvements for plan implementation; and
WHEREAS, at its July 1, 2019 meeting, after conducting a public hearing, the
Planning and Zoning Commission considered the amendments to the subdivision
regulations set forth herein and made formal recommendation to the City Council to
approve the requested amendments; and
WHEREAS, at the July 22, 2019 meeting of the Paris City Council, the City Council,
after conducting a public hearing, and having considered the recommendations of the
Planning and Zoning Commission and the testimony and evidence introduced at said public
hearing, found and determined that the proposed changes to the city's subdivision
regulations ordinance, as set forth herein, are in the best interest of the city and its citizens
and should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That City Ordinance No. 1315, subdivision regulations, Section VIII,
"General Requirements," shall be amended to read as follows in its entirety:
"Section VIII. General Requirements; Thoroughfare Plan.
"A. THOROUGHFARE PLAN ADOPTED
"The city hereby adopts the master thoroughfare plan to provide for the location and size of
thoroughfares in the city. The streets of a proposed subdivision shall conform to the
general intent of the approved thoroughfare plan. The city shall have the authority to
determine final alignment and right-of-way requirements.
"B. FUTURE DEVELOPMENT
1. The city has adopted and will update master thoroughfare plans by ordinance.
The intention of the plan is to minimize traffic and to provide for thoroughfares
that appropriately address the traffic demand provided by existing and projected
development. The plan addresses pedestrian and auto -oriented modes of travel in
a manner that provides for safe interaction between pedestrian and automobile -
oriented uses, while reducing automobile -oriented trips within the city. Roadway
infrastructure shall be designed in a manner to minimize negative impacts on the
environment and to limit roadway construction and maintenance costs.
"2. All future developments and subdivisions of land in the city and its extraterritorial
jurisdiction shall be designed and constructed in accordance with the master
thoroughfare plan.
"C. DEDICATION REQUIRED
"1. As a condition for the approval of all future subdivision plats submitted to the city
for approval, the owners of the property to be developed shall dedicate to the
public, if required by the plan, sufficient property to provide the minimum width
of the thoroughfare established by the master thoroughfare plan.
"2. A person who develops property shall construct sidewalks in accordance with the
Americans with Disabilities Act.
"D. CONSTRUCTION OF THOROUGHFARES
"Construction of all thoroughfares shall be in accordance with this article and approved by
the city engineer.
"E. STREET ARRANGEMENTS
"1. Unless otherwise approved by the Planning and Zoning Commission and the City
Council, provisions shall be made for the extension of arterial streets. Collector
streets shall be provided for the circulation of traffic through the subdivision and
the connection thereof to the arterial streets. Adequate local streets shall be
provided to accommodate the subdivision.
"2. Off -center street intersections shall, in general, not be approved. All arterial and
collector streets shall be continuous or in alignment with existing streets, unless
variations are deemed advisable by the Commission and Council due to
topography and requirements of traffic circulation.
"3. Proposed public or private streets for all future developments and subdivisions of
land in the city and its extraterritorial jurisdiction, regardless of whether they are
included on the city's master thoroughfare plan, shall be aligned and constructed
to connect to as many existing public streets that border the future development
or subdivision as are necessary to provide for a minimum of two points of
emergency access.
"4. In circumstances where existing public street right-of-way within an existing
development abuts a future development or subdivision, and said right-of-way is
unpaved or otherwise unimproved in a manner to allow normal use by vehicular
traffic including emergency vehicle and apparatus, the developer of the future
development or subdivision may be required, in rough proportion to the impact of
the future development or subdivision, to construct all or part of an improved
street surface on said right-of-way in accordance with the city's street design
standards.
"5. Bounda Streets. In cases where the land proposed to be subdivided is partially
or totally bounded on one or more sides by an existing street, way, or artery
having a width less than that specified in this ordinance, the subdivision shall be
laid out so as to provide the street width required.
"A half street along adjoining property which has not been subdivided may be
approved; however, if it is deemed necessary by the city that the full width of the
street be obtained, then the developer of the first tract to be subdivided may be
required to obtain the additional or remaining rights-of-way from the adjacent
tract.
"6. Street Intersections More than two (2) streets intersecting at a single point shall
be avoided, except where it is impractical to secure a proper street system
otherwise. Where several streets converge at one point, or acute intersection
angles are present, setback lines, special rounding or cut off corners, and/or a
traffic circle may be required to ensure safety and facilitation of orderly traffic
movements.
"Collector and local streets shall have as the property line corner the point of
intersection of the intersecting streets. No arterial street shall intersect any other
arterial street at an angle of less than seventy-five (75) degrees. No collector street
shall intersect an arterial street at an angle of less than seventy-five (75) degrees,
or another collector street at an angle of less than sixty (60) degrees. No local
street shall intersect any arterial street at an angle of less than seventy-five (75)
degrees, or any collector street at an angle of less than forty-five (45) degrees.
Arterial intersections shall have property line radii of not less than twenty-five
(25) feet.
"7. The City shall have the authority to require proposed developments and
subdivisions to extend proposed residential streets and residential street right-of-
way to adjacent properties where future development or redevelopment is
projected to occur.
"8. Dead-end streets shall not be approved unless:
"a. Such dead-end streets are designed to connect with future streets in adjacent
land not yet developed, in which case the streets shall extend to the
boundaries of the land being subdivided.
"b. In very unusual circumstances, a street may dead-end for topographical
reasons or in order to develop a desirable residential plan, in which case the
dead-end street shall have a cul-de-sac with a minimum radius of fifty (50)
feet measured at the center line of the street.
"9. Relation of Adjoining, Streets and Land. The system of streets designated for the
subdivision, except in unusual cases, must connect with streets already dedicated
in adjacent subdivisions, and where adjacent connections are not platted, must in
general be the reasonable projection of streets in the nearest subdivided tracts,
and must be continued to the boundaries of the tract subdivided, so that other
subdividers may connect therewith. Reserve strips of land controlling access to or
egress from other property or to or from any street or alley or having the effect of
restricting or damaging the adjoining property for subdivision purposes or which
will not be taxable or accessible for special improvements shall not be permitted
in any subdivision.
"10. Street Grades. The minimum grade for all streets shall be five -tenths (0.5) of one
(1) percent. The maximum grade for arterial streets shall be five (5) percent; for
collector streets it shall be eight (8) percent; for local streets it shall be ten (10)
percent. If natural topography is such as to require steeper grades, the above
maximum grade shall be increased by twenty-five (25) percent for a maximum
continuous distance of two hundred (200) feet. Center line grade changes with an
algebraic difference of more than three (3) percent, and less than five (5) percent,
shall be connected with at least a two hundred (200) foot vertical curve. For every
additional percent of algebraic difference over five (5) percent, there shall be an
additional fifty (50) feet of vertical curve. All algebraic differences in grade below
three (3) percent shall have a vertical curve of not less than one hundred (100)
feet. Where a cross slope is necessary or desirable from one curb to the opposite
curb, such cross slope shall not be more than nine (9) inches on a twenty-eight
(28) foot street, or more than twelve (12) inches on a thirty-nine (39) foot street,
or more than eighteen (18) inches on a sixty (60) foot street, except where new
streets connect to existing streets that require a greater cross slope to connect,
and then the grade change will be consumed within one hundred fifty (150) feet of
the connecting point.
"The grade requirements for alleys shall conform to those of streets.
"11. Street and Alley Crowns. The crown of all streets shall be based on one-sixth (1/6)
of an inch per foot of paved street width, but in no case less than four (4) inches,
nor more than ten (10) inches. All alleys shall have an invert crown of one-sixth
(1/6) of an inch per foot of alley width, but in no case less than three (3) inches
nor more than five (5) inches.
"12. Curve Re : uirements. (Other than intersections). Arterial streets shall have a
minimum radii at the center line of 1,920 feet; collector streets shall have a
minimum radii at the center line of 955 feet; and local streets and alleys shall have
a minimum radii at the center line of 150 feet.
"13. Block. eng1h.-and.3Edth. In general, intersecting streets, determining the block
lengths and widths shall be provided at such intervals as to serve cross traffic
adequately and to meet existing streets or customary subdivision practices. Where
no existing subdivision controls, the blocks shall not exceed nine hundred (900)
feet in length, nor be less than four hundred (400) feet in length. Where no
existing subdivision controls, the block width or depth shall not exceed three
hundred and fifty (350) feet, nor be less than two hundred and twenty (220) feet.
When possible, the block widths and lengths shall be such as to allow two (2) tiers
of lots, back to back.
"14. Street Widths. Arterial streets shall have a minimum width of right-of-way of
eighty (80) feet and a minimum paving width of sixty (60) feet, back of curb to
back of curb. Collector streets shall have a minimum width of right-of-way of sixty
(60) feet and a minimum paving width of thirty-nine (39) feet, back of curb to back
of curb. Local streets shall have a minimum width of right-of-way of fifty (50) feet
and a minimum paving width of twenty-eight (28) feet back of curb to back of
curb, except that in the case of curvilinear streets, where the center line radii is
less than 500 feet, such paving widths shall be increased to thirty-two (32) feet,
back of curb to back of curb, along the curvilinear portion of the street. Estate
streets shall have a minimum width of right-of-way of sixty (60) feet and a
minimum paving width of eighteen (18) feet with drainage ditches of no greater
depth of one and one-half (1-1/2) feet; however, when drainage ditches are
required to exceed one and one-half (1-1/2) feet in depth, minimum right-of-way
width must be increased in accordance with approved plans for street and related
drainage system.
"15. Standard Street Width. The standard street width on which the subdivider shall be
required to construct all street and drainage improvements shall be that of a
collector street, i.e., thirty-nine (39) feet from back of curb to back of curb. All
street paving over this width shall be subject to participating aid from the City as
set forth in this ordinance.
"16. Street Names. New streets shall be so named so as to provide continuity of names
with existing streets. Similar or identical street names to streets already existing in
other parts of the City shall be avoided.
"17. Alleys. Alleys or loading and unloading courts shall be provided in blocks to be
used for any purpose other than residential. The minimum right-of-way width for
such alleys shall be thirty (30) feet and shall be paved in their entirety. Should
alleys be platted in residential areas they shall have a minimum right-of-way
width of twenty (20) feet and paved to a minimum of twelve (12) feet. Alleys shall
be provided where existing alleys of adjacent subdivisions would be closed or shut
off so as to deny said existing alleys of separate ingress and egress.
"No lot shall be platted in such manner as to force or render desirable the building
thereon of any improvements which face, front or have the main entrance on an
alley.
7. EASEMENTS
"Except where alleys of the width set forth herein are provided, easements not less than
fifteen (15) feet in width, seven and one-half (71/2) feet in width on each side of the lot
lines, shall be dedicated on all rear lot lines and on side lot lines as necessary for municipal
and utility use for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open
drains, gas lines, heat lines, or other public utilities. Such easements may be required
across parts of lots other than as described above upon recommendation of the City
Engineer.
"G. LOT ARRANGEMENTS
"In general, the side lines of lots shall be approximately at right angles to the street line. If
possible, the placing of adjacent lots at right angles to each other shall be avoided.
"1. Lot Size. The minimum lot size of any lot shall conform to existing zoning
regulations.
"2. Access to Lots,. Each lot shall be provided with adequate access to an existing
public street by frontage along such street or through connection of a new street
or a permanent easement to an existing street.
"H. SURVEY
"1. Accuracy. All survey work around the boundary area as well as within the
subdivision shall have an error of closure of one in seven thousand five hundred
(1/7500) or less.
"2." Monuments. Permanent type monuments shall be placed at each corner and angle
point of the boundary survey of the subdivision as well as the corners of all street
intersections within the subdivision; also on all property line points of curve and
points of tangent, under the supervision and direction and as located by the
Engineer who prepared the plat. These monuments shall be placed approximately
flush with the top of the finished curb and shall be of at least Class B (2500 psi)
concrete and shall be eight (8) inches in diameter and twenty-four (24) inches
long. There shall be placed in the center of this concrete monument to denote the
corner a one quarter inch diameter brass pin two (2) inches long and set one
quarter inch above the concrete.
"3. Iron bins, All lot corners within the subdivision, other than those included in (2)
above, shall be marked with a one-half (1/2) inch diameter iron pin twenty-four
(24) inches long, driven flush with the ground.
1. MINIMUM IMPROVEMENTS
"I. The following improvements shall be placed within all new subdivisions by the
subdivider and these improvements or guarantee thereof, as set forth herein, shall
be a condition precedent to the final approval and acceptance of the subdivision:
"a. Standard curb and gutter, except as permitted in area zoned Single -Family Dwelling
District No. One (SF -1) (and not otherwise required) or by variance. A Subdivider
may request a curb and gutter variance from City by submitting the request in
writing to the City Engineer prior to Final Plat Approval, The City Engineer may
grant a curb and gutter variance administratively upon finding of special
circumstances or unnecessary hardship.
"b. Street subgrade (with lime stabilization as required). (Ordinance 85-012, sec. 1,
adopted 4/15/85)
e1c. Street pavement. (Ordinance 85-012, sec. 1, adopted 4/15/85)
"& Valley or dips, where essential for drainage purposes.
Me. Street signs,
`T Water service and fire hydrants® where required under this ordinance.
e(& Sewer service, where required.
"ha Storm sewers and drainage structures, where required.
"I. Sidewalks (an approved site plan showing placement and accommodation for ADA
compliant sidewalks will be required at time of platting, such that final
construction of the sidewalk may be completed by the builder on each lot at time
of construction).
"2. All improvements shall be done in accordance with the design standards of this
ordinance and at the time of submission of the plat.
,,aa z5u jig- acid Engineering. The subdivider or developer shall furnish all
engineering and surveying necessary to prepare the plat, and all engineering
necessary to prepare the plans and specifications and supervise the construction
thereof of all improvements within the subdivision except where contracts are
entered int® with utility companies licensed to operate in Paris, Texas, and this
said construction is to be done by their own forces. In this event utility companies
shall furnish all engineering and inspection necessary for this construction. The
City Engineer or his authorized representative shall have the power to inspect any
or all improvements being constructed under this ordinance to ensure the
fulfillment of the intent of this ordinance.
"J. CONSTRUCTION PLANS
"After the Commission's approval of the preliminary plat, and before or upon the
submission of the final plat, the following information shall be supplied to the City
`1. Final construction plans, with detailed drainage plan, with minimum finished floor
elevations for each lot in the subdivision, with a title sheet affixed thereto,
containing the name of the subdivision, the developer and the registered
professional engineer preparing the plans, with his seal affixed, and a vicinity map
showing the location of the subdivision.
`2. Plan -profile sheets of all proposed streets. These sheets are to be 22" x 36" in size
and plotted to scale of one inch to one hundred (100) feet horizontal and one inch
to five (5) feet vertical. These plan -profiles shall show the right-of-way of the
street, portions of the right-of-way of intersecting streets, location of curb and
gutter with respect to monuments, curb return radii, dips or valleys, soil type,
liquid limit and plasticity index for each major soil type encountered at the
subgrade level, test locations and estimated boundaries between soil types in the
plan portion. Accompanying the plan portion must be the certified test results
performed by an independent testing laboratory approved by the City of Paris
which verifies the information required and furnished. The profile shall show the
existing ground on each side of the street at the right-of-way line, the proposed
grade of the top of the curb for each side of the street, and the reference bench
mark with its elevation. These plan -profiles shall show or be accompanied by a
typical cross section of the proposed street or streets to be constructed,
"3. All utility plans (sanitary sewer, water, storm sewer, culverts and bridges) shall be
on sheets 22" x 36" and shall show all information necessary for their
construction. These plans shall be accompanied by the Engineer's criteria and
calculations for their design. All designs must meet all aforesaid City, State and
Federal minimum specifications.
"4. Prior to the construction of any proposed improvements, i.e. streets, drainage,
utilities, etc., the subdivider shall furnish complete plans and specifications of said
construction to the City Engineer, If any part of the proposed construction is
considered unsatisfactory by him and below the standards required under the
circumstances, construction operations shall not be started on the affected portion
until alterations are made such that the completed work shall conform to the
standards required by the City of Paris. The City Engineer shall be notified prior to
beginning construction so that he or his duly authorized representative may
inspect said work on the behalf of the City during the construction.
"5. Upon the completion ®f construction of any such improvements, the subdivider
shall furnish a final set of plans in detail to the City Engineer. These plans shall be
certified by the Engineer preparing the to be complete and correct "as built"
plans of the improvements and where applicable shall bear the statement "Built
under my supervision" and signed by the Engineer."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this the 22nd day of July, 2019.
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ATTEST:
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anice Ellis, City Clerk �" 111 10
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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Paula Portugal, Mayor Prd 'em