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HomeMy WebLinkAboutOrdinance No. 99-1123 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO K~.~?//~--~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING SECTION 15 OF THE SUBDIVISION ORDINANCE OF THE CITY, THE SAME BEING APPENDIX B- SUBDIVISION, OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY ADDING AN ACCESS POLICY APPLICABLE TO FM 423 AND SH 121 IN THE CITY OF THE COLONY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony recognizes that SH121 and FM 423 are designed and intended to be used as major routes carrying high volumes of traffic; and WHEREAS, the City of The Colony recognizes that driveway accesses allowed to SH 121 and FM 423 cumulatively serves to reduce the capacity and flow of traffic; and WHEREAS, this access policy is intended for the purpose of preserving and enhancing the traffic capacity of SH 121 and FM 423 by strictly limiting direct driveway access; and WHEREAS, this access policy will serve to protect the health, safety and welfare of the citizens of The Colony; and WHEREAS, the Planning and Zoning Commission held a public hearing and considered the proposed amendment at its regular meeting held on April 13, 1999, and made recommendations to the City Council for amending Appendix "B", Subdivision; NOW;THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. That Section 15 of the subdivision ordinance, the same being Appendix "B" -Subdivision of the Code of ordinances of the City, is Page 1 of 4 hereby amended by adding a new subsection (e) as follows: (e) Access criteria, access standards, separation of driveways and corner clearances applicable to SH121 and FM 423. 1. Access criteria._ Driveway access to SH 121 and FM 423 shall be governed by the following criteria: i. Access shall not be allowed unless there is no other reasonable means of providing safe and adequate access to the property. ii. Developments and residential subdivisions shall be required to provide a public marginal parallel access street, alley or private parallel access drive to serve the development or individual lots fronting SH 121 and FM 423, unless the requirement would make the property wholly useless for any permitted use as zoned. iii No development shall be allowed access if property excluded from the development plans could have reasonably been used to provide adequate alternative access. iv Any property previously subdivided in violation of state law or city ordinance shall not be allowed access to any arterial street, if other access could have been provided except for such unapproved subdivision of the property. 2. Access standards,. When driveway access is the only reasonable means of providing safe and adequate access to the property as determined in accordance with this section, the following standards shall apply: Only one (1) driveway per property shall be permitted, unless all of the following conditions are met: i. The applicant submits a traffic engineering study performed in accordance with accepted professional traffic engineering standards as determined by the city engineer, clearly showing that the traffic for the single permitted driveway would exceed five thousand (5,000) trips per day or five hundred (500) trips per hour during peak hour use; ii. Permitting the additional driveway would not violate driveway separation or corner clearance standards; and Page 2 of 4 iii. The need for each additional driveway would substantially outweigh any traffic problems or hazards created on the arterial street by allowing the additional driveway. iv. The driveway shall, whenever possible, be required to be located and designed so as to provide joint or shared access with adjoining properties. v. The development which is allowed access shall be required to pay for, design or provide, at no cost to the city, all traffic-control signs, equipment, structures, devices or improvements which are reasonably necessary to minimize the effect of the additional access allowed or to provide for the safe movement of traffic or pedestrians. 3. Separation of driveways.. Driveways shall be separated as follows: (i) The regulations of this subsection are for the purpose of ensuring that all driveways are separated by sufficient distance so as to avoid interfering with the safe movement of traffic. The separation distances specified shall be measured from the center line of each driveway at the right-of-way line. (ii) The minimum driveway separation standards for SH 121 and FM 423 is 200 feet. Driveway separation is measured from centerline of one driveway to the center line of another driveway. 4. Corner clearance standards: To ensure that the traffic movements from driveways do not unduly conflict with the movement of traffic on intersecting public streets, the minimum distances between driveways and the intersections of public streets are adopted in this subsection. In interpreting and applying the standards, the following shall apply: (i) A reduced requirement may only be used if absolutely necessary to provide driveway access to property where no other means of access meeting the corner clearance requirement is reasonably possible. (ii)The specified distances shall be measured at the right-of-way line from the center line of the driveway nearest the intersecting street to the right- of-way line of the intersecting street. Page 3 of 4 (iii)The minimum corner clearance requirements for SH 121 and FM 423 is 150 feet: Section 3. Effective date_. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPRO)II~D by the City Council of the City of The Colony, Texas this the ,:~/,5~--.. day of ~/./-")L~-z-*c~ ,1999. - - ~-' of Th~---'~o~ City Secretary, City of The Colony, Texas APPROVED AS TO FORM: Ci~~,,,~ /? Attorney, City of The Colony, Texas Page 4 of 4