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ORD 654 10/26/2004 ORDINANCE NO. 6 5 4 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 590 LAND SUBDIVISION ORDINANCE, AS AMENDED, BY ADDING PARAGRAPH L. TRAFFIC IMPACT ANALYSIS TO APPENDIX A; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City of Cibolo adopted Ordinance No. 590 (Land Subdivision Ordinance) declaring the policy and the rules and regulations governing the platting and subdivision of land in the City limits and in the extraterritorial jurisdiction; and WHEREAS, the City Council has considered the merits of these additions to the Land Subdivision Ordinance and has determined that these additions are necessary to protect the health, safety, morals, and welfare of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS... SECTION 1. That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. ADOPTION That the Ordinance amendments incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Texas, and amend Ordinance No. 590. 1 SECTION 3. AMENDMENTS That Ordinance No. 590 shall be amended by adding the following to Appendix A DESIGN STANDARDS: "L. TRAFFIC IMPACT ANALYSIS 1. Analysis Required — Any plat application must be preceded by submission and City approval of a traffic impact analysis as specified in Subsection 2. below provided that either of the conditions listed below apply. Failure to provide for such approval prior to submission of a plat application shall be grounds for automatic denial. a. the plat is not subject to roadway impact fees of the City of Cibolo; and b. the plat involves development of one hundred (100) or more dwelling units or residential lots or the proposed development is anticipated to generate one thousand (1,000) or more "one-way" trips per day as determined by the City Engineer. 2. Traffic Impact Analysis (TIA) — Whenever these regulations require submission and City approval of a TIA, the following elements shall be included: a. General Site Description — The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: 1. all major intersections, 2. all proposed and existing ingress and egress locations, 3. all existing roadway widths and rights-of-way, 4. all existing traffic signals and traffic control devices, and 5. all existing and proposed public transportation services and facilities within a one (1)mile radius of the site. b. Proposed Capital Improvements—The TIA shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the items listed in Subsection 2. a. as well as any proposed construction project that would alter the width and/or alignment of roadways affected by the proposed development. c. Roadway Impact Analysis. 1. Transportation Impacts: 2 a. Trip Generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional) for the proposed development shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Engineer. b. Trip Distribution. The distribution of trips to arterial and collector roadways within the TIA study area identified in L. 2. a. (General Site Description) shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; 2. Adequacy Determination — The roadway network included within the TIA shall be considered adequate to serve the proposed development if existing roadways identified as arterials or collectors can accommodate the existing service volume, the projected service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service "C" or above. d. Intersection Analysis: 1. Level of Service Analysis — For intersections with the roadway traffic impact analysis described in L. 2. a. (General Site Description), a level of service analysis shall be performed for all arterial/arterial, arterial/collector, ` and collector/collector intersections, and for any other pertinent intersections identified by City staff. Also, level of service analyses will be required on all proposed site driveway locations for all non-residential developments. -The City may waive analysis of minor intersections and minor site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes, and, where necessary, a one-day survey of weekend volumes. The -level of service analysis shall take into consideration the land geometry, traffic volume, percentage of right- hand turns, percentage of left-hand turns, percentage and typical size of trucks, intersection width, number of lanes, signal timing and 3 progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor. 2. Adequacy Analysis — The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the projected service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service"C" or above. e. Effect of Adequacy Determination — If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in subsection L. 2. a. that would cause the roadway to fall below the level of service required herein, the proposed development shall be denied unless the developer agrees to one of the following conditions: 1. the deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed; 2. a reduction in the density or intensity of development; 3. the dedication and/or construction of facilities needed to achieve the level of service required herein; or 4. any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the TIA study are adequate to accommodate the impacts of such development. f. Application and Fees — An application as required herein shall be submitted on an official form of the City and payment of all applicable fees. Failure to submit a TIA on said official form and failure to pay all applicable fees shall be grounds for denial." SECTION 4. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. 4 SECTION 5. SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinances affecting the development or subdivision of land, 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. SECTION 7. EFFECTIVE DATE That this Ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo, Texas. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 5 for to Cb against this 26th day of October, 2004. APPROVED: Mayor Charles Ruppert -ATTEST: Li:1MM nne Griffin, City Sec -t. y 5