§ 35-202. Conventional and Enclave Subdivision.

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Conventional and enclave subdivision

STATEMENT OF PURPOSE

The purpose of this section is to establish criteria and procedures for the processing of subdivisions consisting of "enclave subdivisions" with private streets constructed to public street standards and "conventional subdivisions" with public streets. This conventional use pattern has been the dominant pattern of development in many areas in Texas and the United States during the past fifty (50) years while the enclave subdivision is a predecessor to older municipal and county codes in Texas which allow for the subdivision of property with private streets. Conventional and enclave subdivisions often may feature curvilinear streets and culs-de-sac, few points of access into the subdivision, and large yards.

(a)

Applicability. The provisions of this section apply to any application for subdivision plat approval for a subdivision with public streets or private streets within a base zoning district or within the ETJ, except as otherwise provided in this chapter. For the purpose of this chapter as it applies in the ETJ, the term "conventional" applies to subdivisions with public streets and the term "enclave" applies to subdivisions with private streets following public street standards. The description "enclave" shall be prominently indicated on the subdivision plat when a subdivision with private streets is proposed following the standards outlined below.

(b)

Processing Procedures.

(1)

Generally. Conventional and enclave subdivisions shall be processed pursuant to the review procedures for subdivision plats as set forth in article IV of this chapter. Variances shall be processed as set forth in subsections (2) and (3), below, except for applications within the Edwards Recharge Zone District (ERZD) or utility conversion districts.

(2)

Variances—Incorporated areas. Within the incorporated areas of the city:

• A variance to the requirements of subsection (c) shall be processed in accordance with section 35-482 of this chapter.

• A variance to the requirements of subsections (b) and (d) through (n) shall be processed in accordance with section 35-483 of this chapter.

(3)

Variances—Extraterritorial jurisdiction. Within the ETJ, variances shall be processed in accordance with section 35-483 of this chapter.

(c)

Size and Location of Site. There is no minimum size for conventional or enclave subdivisions. Enclave subdivisions within a base zoning district shall be a maximum size of one hundred fifty (150) acres.

(d)

Uses and Density. Conventional and enclave subdivisions shall comply with the standards of the zoning district in which they are located. Conventional and enclave subdivisions are subject to the minimum lot size requirements of the dimensional matrix (section 35-310, Table 310-1). The provisions of this subsection do not apply to the city's extraterritorial jurisdiction.

(e)

Traffic Impact Analysis. Conventional and enclave subdivisions shall comply with the "traffic impact analysis standards" of this chapter.

(f)

Lot Layout. Conventional and enclave subdivisions shall comply with the "lot layout standards" of this chapter.

(g)

Transportation. Conventional and enclave subdivisions shall comply with the transportation standards of this chapter. See Table 202-1, below, for illustration of street design guidelines of Table 506-3.

(h)

Stormwater Management. Conventional and enclave subdivisions shall comply with the stormwater management standards, section 35-504 of this chapter.

(i)

Utilities. See utilities standards, section 35-507 of this chapter.

(j)

Parks and Open Space. Conventional and enclave subdivisions shall comply with the parks and open space standards of this chapter.

(k)

Natural Resource Protection. Conventional and enclave subdivisions shall comply with the natural resource protection standards of this chapter.

(l)

Buffers, Landscaping, Streetscape Planting and Tree Preservation. Conventional and enclave subdivisions within the incorporated areas of the city shall comply with the landscaping, screening and buffering standards of this chapter to the extent required by article V, division 3 of this chapter. Conventional and enclave subdivisions within the city and the ETJ shall be subject to the tree preservation standards of this chapter to the extent required by section 35-513 of this chapter.

(m)

Parking. Conventional and enclave subdivisions shall comply with the parking standards of this chapter.

(n)

Outdoor Storage. Conventional and enclave subdivisions shall comply with the outdoor storage standards of this chapter. The provisions of this subsection do not apply to the city's extraterritorial jurisdiction.

(o)

Urban Design. A conventional or enclave subdivision shall not be subject to the urban design standards of this chapter.

Street Type	ROW	Pavement Width	Median	Sidewalk Width (ft. w/ planting strip/ ft. w/o planting strip	Bike Facilities	Street-scape Planting	Planting Strips
	36'	26'	Not Required	Not Required	Not Required	Not Required	Not Required
	24'	18—24'	Not Required	Not Required	Not Required	Not Required	Not Required
	34'	24'	Not Required	4'/6' One Side Only	Not Required	Not Required	Not Required
	50'	28'	Not Required	4'	Not Required	Not Required	Not Required
	60'	40'	Not Required	4'/6'	Not Required	Not Required	3'
	70'—90'	44'—55'	Not Required	4'/6'	City Option	Yes	3'
	86'—110'	48'—81'	16'	4'/6'	Yes	Yes	3'
	120'	48'—81'	16'	4'/6'	Yes	Yes	3'
	200'	44'	48'	Not Required	Not Required	Not Required	Not Required
	250'	136'	48'	Not Required	Not Required	Not Required	Not Required
	200'	48'	48'	Not Required	Not Required	Not Required	Not Required
	200'	96'	24'	Not Required	Not Required	Not Required	Not Required
	120'	24'	Not Required	Not Required	Not Required	Not Required	Not Required
	120'	36'	Not Requierd	Not Required	Not Required	Not Required	Not Required
	144'	72'	28'	10'	Yes	Yes	4'
	166'	118'	6'	10'	Yes	Yes	4'
	120'	48'	18'	10'	Yes	Yes	4'
	142'	84'	6'	10'	Yes	Yes	4'

Note: This table of illustration is provided for the convenience of the reader. To the extent that there is any conflict between this table and section 35-506, Table 506-3, the provisions of Table 506-3 shall govern.

(p)

Common Areas and Facilities. Provisions shall be made for a property owners' association that is designated as the representative of the owners of property in an enclave subdivision. The property owners' association shall have the direct responsibility to provide for the operation and maintenance of all common areas and facilities, including private streets and sidewalks, which are a part of the enclave subdivision. The applicant shall submit the dedicatory instrument(s) covering the establishment, maintenance, and operation of a residential subdivision. The dedicatory instrument(s) shall establish a plan for the use and permanent maintenance of the common areas/facilities and demonstrate that the property owners' association is self-perpetuating and adequately funded by regular assessment and/or special assessment to accomplish its purposes. The dedicatory instrument(s) shall include provisions that provide the city with permission for access at any time without liability when on official business, and further, to permit the city to remove obstructions if necessary for emergency vehicle access and assess the cost of removal to the owner of the obstruction. The dedicatory instrument(s) must be approved by the city attorney as to legal form prior to any plat recordation and shall be recorded at the same time as the plat.

"Property owners' association" means an incorporated or unincorporated association that:

Is designated as the representative of the owners of property in a residential subdivision;

That has a membership primarily consisting of the owners of property covered by the dedicatory instrument for the residential subdivision; and

That manages or regulates the residential subdivision for the benefit of the owners of property in the subdivision.

"Dedicatory instrument" means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision. The term includes restrictions or other similar instruments subjecting property to restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association, to properly adopted rules and regulations of the property owners' association, and to all lawful amendments to the covenants, bylaws, rules, or regulations.

"Property owners' association" means the designated representative of the owners of property in a subdivision and may be referred to as a "homeowners association," "community association," "civic association," "civic club," "association," " committee," or similar term contained in the dedicatory instrument.

"Regular assessment" means an assessment, a charge, a fee, or dues that each owner of property within a residential subdivision is required to pay to the property owners' association on a regular basis and that is designated for use by the property owners' association for the benefit of the residential subdivision as provided by the dedicatory instrument.

"Special assessment" means an assessment, a charge, a fee, or dues, other than a regular assessment, that each owner of property within a residential subdivision is required to pay to the property owners' association, according to the procedures required by the dedicatory instrument, for:

Defraying, in whole or part, the cost whether incurred before or after the assessment, of any construction or reconstruction, unexpected repair, or replacement of a capital improvement in common areas owned by the property owners' association, including the necessary fixtures and personal property related to the common areas;

Maintenance and improvement of common areas owned by the property owners' association; or

Other purposes of the property owners' association as stated in its articles of incorporation or the dedicatory instrument for the residential subdivision.

(q)

Streets and Access to Adjoining Properties.

(1)

Enclave subdivisions must be constructed with all streets designed to the standards for a local type A or B public street including full rights-of-way, sidewalks on both sides and curbs. (35-506)

(2)

Collector and arterial streets shall not be gated and shall be public within an enclave subdivision.

(3)

The planning commission may require a public street through or stub out within an enclave subdivision for the purpose of connectivity, avoidance of land locking adjacent properties, and provision of public services.

(r)

Converting Private Streets to Public Streets. Private streets in an enclave subdivision may be considered at the sole discretion of the city council for conversion to public streets under the procedures and specifications found in section 35-506, Transportation and Street Design, (j) Private Streets, (5) Converting Private Streets into Public Streets.

(Ord. No. 96564 § 1; Ord. No. 100126) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2009-08-20-0661, § 3, 8-20-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)

                    
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