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ordinance are hereby repealed.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