O-1916-1-01ORDINANCE NO. 1916-1-01
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
ORDINANCE NO. 1845-6-00, BY AMENDING ARTICLE VIII SECTION 8.05.2(.1)
THOROUGHFARE DESIGN STANDARDS REDUCING THE MINIMUM MEDIAN
OPENING SPACE REQUIRED ON THOROUGHFARES CLASSIFIED P8D AND
P6D FROM 1,300 FEET TO 900 FEET AND BY REDUCING MINIMUM THE
MEDIAN OPENING SPACE REQUIRED ON THOROUGHFARES CLASSIFIED
M61) FROM 880 FEET TO 660 FEET; TO ADD SECTION 8.05.4 DESIGN DETAILS
TO PROVIDE FOR APPROVAL OF VARIANCES TO THE LOCATION OF
MEDIAN OPENINGS BY THE CITY ENGINEER UNDER CERTAIN
CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, and the governing body of
the City of Allen in compliance with the laws of the State of Texas and the ordinances of the City of Allen,
have given requisite notice by publication and otherwise, and after holding due hearings and affording a full
and fair hearing to all property owners generally and to all persons interested and situated in the affected area
and in the vicinity thereof, and in the exercise of its legislative discretion have concluded that this Allen Land
Development Code should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code, as heretofore amended, be amended in part by amending
Section 8.05.2(n as set forth in Exhibit "A" attached hereto and incorporated herein.
SECTION 2. The Allen Land Development Code, as heretofore amended, is hereby amended in part to add
Section 8.05.4 to read as follows:
'Section 8.05.4. Design Details - Variance to Location of Median Openings.
1. The City Engineer may approve variances to the median opening standards if.
a. A physical impossibility prevents use of the median opening at its required location;
or
b. Reasonable access to zoned non-residential property is otherwise denied as a result of
regulatory requirements; and
c. Based on sound engineering practice, the applicant can demonstrate that safety, based
on the proper design and speed of the roadway, is not compromised; and
' d. Roadway capacity and Level of Service (LOS) is not compromised.
2. Variances to Section 8.05.2 Thoroughfare Design Standards shall be limited as follows:
a. At the intersection of any two thoroughfares classified as PBD, P6D, M6D or M41),
the variance shall not exceed twenty-five percent (25%).
b. Mid -block variances on streets of any classification shall not exceed twenty-five
percent (250/6).
c. The City Engineer may require "hooded" median openings, directional islands, the
addition or elimination of dedicated tum lanes, increase in storage length, left tum
prohibitions or other reasonable restrictions.
d. Unless extended by the City Engineer for a period not to exceed twelve (12) months,
the approval of any variance to the location of a median opening shall expire unless
the median opening is constructed within twenty-four (24) months after the date of
approval"
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the
' same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development
Code, as amended hereby, which shall remain in full force and effect.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance
shall be subject to the same penalty provided by the Allen Land Development Code and upon conviction shall
be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TIHS THE 18th DAY OF JANUARY, 2001.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
I
Peter G. Smith,
Ordinance No. 1916-1-01, Page 2
CMC/AAE, CITY SECRETARY
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