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1990S19- AMENDING 87S11 ARTICLE II ORDINANCE NO 9t1-S -11 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE SUBDIVISION ORDINANCE NO. 87-S-11, ARTICLE II, PROCEDURE, SECTION 15.5. SPECIFICATIONS, PARAGRAPH 0., ONE-FOOT NON- ACCESS EASEMENT AND SECTION "CO, DEFINITIONS; AND PROVIDING A REPEALING CLAUSE. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT subdivision Ordinance 87-S-11 of the City of Schertz, Texas is hereby amended in the following manner: "ARTICLE II PROCEDURE Section 15.5 Specifications Paragraph o. One-Foot Non-Access Easement Current: A one-foot non-access easement along major streets when lots have another dedicated access to a public right-of-way. (For residential subdivision plats only.) Proposed: A non-access easement will be shown when the rear or side of the property abuts a highway or street. (1) A one-foot non-access easement along a street when lots have another dedicated access to a public right-of-way. (For residential subdivision plats only). (2) One-foot partial access easement along a street when lots have another access to public right-of-way, only by use of portable ramps. (For residential subdivision plats only.) II SECTION "CO DEFINITIONS Add the following: Non-Access Easement - The limitation of public access rights to and from properties abutting a highway or street, by restricting curb-cuts and acces~ to rear or side of property or to an area abutting a developed area that may have a deprecating and/or potentially dangerous effect on the developed properties. (a) One-foot non-access easement. The limitation of public access rights to and from properties abutting a highway or street by restricting curb-cuts and access to rear or side of property when the property has another dedicated access to a public right-of-way. (b) One-foot partial access easement. The limitation of public access rights to and from properties abutting a highway or street only by use of portable ramps, and restricting curb-cuts when the property has another dedicated access to public right-of-way. (c) Non-access easement. A designated area abutting a development which may be considered to have a deprecating and/or potentially dangerous effect to the property because it backs up to a railroad R.O.W., gas line, etc." III All ordinances and parts of ordinances ln conflict with this ordinance are hereby repealed. -2- PASSED, APPROVED AND ADOPTED this the 19 ;[2. of 9~ ,19'7t? )2 day of r -- APPROVED on first reading the ~ day , Texas ATTEST: C. Y Secretary, City of Schertz SEAL OF CITY -3- .-:~ May 18, 1990 TO: City Council FROM: Planning and Zoning Commission SUBJECT: Proposed Amendment to Subdivision Ordinance Regarding Non-Access Easement During review of a recently submitted plat, the Commission suggested a one-foot non-access easement be shown along a major street to reduce traffic for safety purposes. Questions arose as to the exact definition of non-aocess easements and partial access easements. Research of the Subdivision Ordinance of a one-foot non-access easement to 15.5, paragraph 0., and there is no Ordinance. revealed the only be in Article II, definition listed mention section ln the To prevent future questions as to the meaning of the term "non- access", the Planning and Zoning Commission, by unanimous vote, recommends approval of the attached amendment to the Subdivision Ordinance. ~ .~~ T pla Chairman Zoning Commission