CITY OF WEST LAKE HILLS. AMENDMENT No. 299 RETAINING WALLS

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1 CITY OF WEST LAKE HILLS AMENDMENT No. 299 RETAINING WALLS AN ORDINANCE ENACTING CHAPTER 22, ARTICLE 22.03, OF THE WEST LAKE HILLS CODE OF ORDINANCES; MODIFYING THE REGULATIONS FOR BUILDING REGULATIONS; PROVIDING FOR THE FOLLOWING: CAPPING RETAINING WALL HEIGHT, LIMITING EXCAVATION CUT, REQUIRING VEGETATIVE SCREENING AND REQUIRING NATIVE VEGETATION SCREENING AND EARTH TONE MATERIALS AND COLORS FOR RETAINING WALLS; FINDINGS OF FACT; ENACTMENT; REPEALER; SEVERABILITY; EFFECTIVE DATE; CODIFICATION; PROPER NOTICE & HEARING; POPULAR NAME; PURPOSE; DEFINITIONS; SCOPE; AND ENFORCEMENT WHEREAS, the City Council of the ("City Council") seeks to promote the effective, efficient and orderly development of land within the City Limits and the Extraterritorial Jurisdiction (ETJ); and WHEREAS, pursuant to Texas Local Government Code Section , the City has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the City has the specific authority to regulate the appearance of buildings or open space, including the exterior appearance of homes and the type and amount of plants and landscaping materials; and WHEREAS, the is a unique community with its hallmark quality derived from its rugged terrain, beautiful views, and dense foliage. The City finds that the restrictions imposed by this Ordinance to be in accordance with the Master Plan goal to minimize the negative impacts on natural slopes and interfere as little as possible with the natural landscape by minimizing the alteration of the natural terrain; and WHEREAS, the City Council finds that the restrictions and amendments imposed by this Ordinance are characterized as reasonable environmental and community conservation measures reasonably related to a legitimate government purpose of maintaining the neighborhood character and integrity for the people of West Lake Hills.

2 NOW, THEREFORE, BE IT ORDAINED by the City Council of West Lake Hills: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. ENACTMENT Chapter 22, Article of the is hereby amended so to read in accordance with Attachment A, which is attached hereto and incorporated into this Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code and any struck-through text shall be deleted from the Code, as stated on Attachment A. 3. REPEALER All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. 4. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 5. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City' s as authorized by Section of the Texas Local Government Code. 6. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication. 7. PROPER NOTICE & MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was Page 2 of6

3 also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this, the 27 1 h day of August 2014, by a vote of 5 (ayes) to 0 (nays) to 0 (abstentions) of the City Council of West Lake Hills, Texas. CITY OF WEST LAKE HILLS: ATTEST: cfla GA j)_ JfaJ1 I Lacie Hale, City Secretary Page 3 of6

4 Attachment "A" CODE OF ORDINANCES CHAPTER 22: BUILDING REGULATIONS ARTICLE 22.03: CONSTRUCTION CODE Division 5. Minimum Standards for Residential Buildings Sec Site disturbance (excavation, grading or filling) (a) The following are minimum site disturbance standards for earth cuts and fills. Open cuts and fills are those which will not contain any form of permanent erosion control other than the planting of ground cover vegetation. Closed cuts and fills are those which prevent erosion by some permanent erosion control structure such as a reinforced concrete retaining wall, dry stacked stone or other permanent erosion control device approved by the city. (See sections and ) Maximum Depth of Cut and Height of Fill Slope Over 25 percent percent 0-15 percent Open Cuts and Fills None 1 foot 3 feet Closed Cuts 10 feet 15 feet 20 feet Closed Fill Division 6. Minimum Standards for Nonresidential Buildings Sec Site disturbance (excavation, grading or filling) (a) The following are minimum site disturbance standards or earth cuts and fills. Open cuts and fills are those which will not contain any form of permanent erosion control other than the planting of ground cover vegetation. Closed cuts and fills are those which prevent erosion by some permanent erosion control structure such as a reinforced concrete retaining wall, dry stacked stone or other permanent erosion control device approved by the city. (See sections and ) Page 4 of6

5 Maximum Depth of Cut and Height of Fill Slope Over 25 percent percent 0-15 percent Open Cuts and Fills None 1 foot 3 feet Closed Cuts 10 feet 15 feet 20 feet Closed Fill Division 12. Erosion Control Sec Standards for excavating, grading or filling (a) Excavating, grading or filling shall minimize the negative impacts of development on natural slopes and interfere as little as possible with the natural landscape by minimizing the alteration of the natural terrain. (b) The minimum site disturbance standards for earth cuts and fills are as follows: (1) Open cuts and fills are those which will not contain any form of permanent erosion control other than the planting of ground cover. (2) Closed cuts and fills are those which prevent erosion by some permanent erosion control structure such as a reinforced concrete retaining wall, dry stacked stone or other permanent erosion control device approved by the city. Slope Over 25 percent percent 0-15 percent Open Cuts and Fills None 1 foot 3 feet Closed Cuts 10 feet 15 feet 20 feet Closed Fill ( c) Finished open cuts of an excavation shall not exceed to 1: 1-1/2 ratio (vertical to horizontal) in undisturbed earth, 1 :2 in earth fills. ( d) Excavation shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety. ( e) In residential districts no excavation, grading or filling shall be permitted within 20 feet of a street except to conform to approximate street grade for an approved driveway cut. (f) Any wall shall not exceed six (6) feet in height above natural grade. Chap. 22, Art Page 5 of6

6 (f) Walls shall either incorporate the use of native materials or be earth-tone colors to match native soils. (g) All walls of three (3) feet or more shall require shrubbery and/or vines of healthy stock and of a minimum of two (2) feet in height immediately after planting in front of the retaining wall. All shrubbery and/or vines shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will grow to the same height or more of the retaining wall. Page 6 of6