O-3562-3-18WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
' to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be
further amended as follows:
ORDINANCE NO. 3562-3-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
'
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
PREVIOUSLY AMENDED, BY AMENDING ARTICLE I "GENERAL PROVISIONS"
TO ADD SECTION 1.10 "RULES OF INTERPRETATION'; AMENDING SECTION
4.08.5 "TH" TOWNHOME RESIDENTIAL DISTRICT; AMENDING SECTION 4.15.2
"SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS;" BY
AMENDNG THE DEVELOPMENT STANDARDS FOR TOWNHOMES AND
MASONRY REQUIREMENTS FOR RESIDENTIAL STRUCTURES; AMENDING
SECTION 4.15.3 `SCHEDULE OF NON-RESIDENTIAL HEIGHT AND AREA
REGULATIONS" BY AMENDING FRONT YARD SETBACKS IN THE CORRIDOR
COMMERCIAL "CC' ZONING DISTRICTS; AMENDING SECTION 4.20.2
"SCHEDULE OF PRINCIPAL USES" BY ADDING `PERSONAL SERVICE
BUSINESS" AS A TYPE OF USE; AMENDING SECTION 6.04.1 "TEMPORARY USE
APPLICATIONS" BY AMENDING THE REGULATIONS RELATING TO
CARNIVALS, CIRCUSES, AND FAIRGROUNDS; AMENDING SECTION 6.06
"SUPPLEMENTAL REGULATIONS" BY ADDING SECTION 6.06.14 RELATING
TO THE DEVELOPMENT STANDARDS FOR TOWNHOMES; AMENDING
SECTION 7.05.3 "NONRESIDENTIAL AND MULTIFAMILY LANDSCAPING
REQUIREMENTS" BY AMENDING REGULATION OF LANDSCAPE BUFFERS
ADJACENT TO STREETS; AMENDING SECTION 7.07 "FENCES AND WALLS" BY
'
AMENDING REGULATIONS OF HEIGHT OF FENCES OR WALLS; AMENDING
SECTION 7.09.112 — TABLE 7.23 "PERMANENT SIGNS" BY AMENDING
REGULATIONS ON CERTAIN SIGNS ADJACENT TO STATE HIGHWAY 121;
AMENDING ARTICLE VIII `SUBDIVISION REGULATIONS" BY AMENDING
REGULATIONS RELATING TO THE APPROVAL OF AMENDING PLATS, MINOR
PLATS, AND REPLATS AND ADDING REGULATIONS RELATING TO SIGHT
VISIBILITY TRIANGLES; AND AMENDING APPENDIX "A" "DEFINITIONS" BY
AMENDING THE DEFINITIONS OF "AMUSEMENT COMMERCIAL (INDOOR)'
AND "MEDICAL OR DENTAL OFFICE" AND ADDING A DEFINITION FOR
"PERSONAL SERVICE BUSINESS"; PROVIDING A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
' to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be
further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1. Allen Land Development Code, Article I "General Provisions" is amended by adding Section
1.10 to read as follows:
Sec. 1.10. Rules of Interpretation
Restrictiveness. Where the regulations imposed herein are either more restrictive or less restrictive than
comparable conditions imposed by any other provision of any other applicable law, ordinance,
resolution, rule or regulation of any kind other than a use or development regulation set forth in an
ordinance governing a planned development district, the regulations which are more restrictive and
impose higher standards are the requirements that shall govern.
2. Abrogation. The provisions of these regulations are not intended to abrogate any easement, covenant
or other private agreement. Except where the City is a party to the easement, covenant or agreement,
where the requirements of these regulations are more restrictive or impose higher standards or
regulations than such easement, covenant or other private agreement, the requirements of these
regulations shall govern.
3. Director Authority to Interpret. Unless otherwise specified within this ordinance, the Director shall
have the authority to determine the meaning, applicability, and interpretation of any provision of this
Code. Any person aggrieved, or any officer, department, board or commission of the city affected by
an interpretation of the Director may appeal the interpretation to Board of Adjustment in accordance
with Section 2.02.
' SECTION 2. Allen Land Development Code, Article IV "Zoning Regulations" is amended as follows:
A. Section 4.08.5 "TH" Townhome Residential District is amended to read as follows:
Sec. 4.08.5. ' V' townhome residential district.
1
The "TH" townhome residential district provides a medium -density dwelling classification in the form
of attached single-family dwelling units on separate lots or as condominium units where individual units are
under separate ownership with common areas under the control of a condominium association and is appropriate
for permitted principal and accessory uses identified in Section 4.20.2 and Section 4.20.3, respectively.
B. Section 4.15.2 `Schedule of Residential Height and Area Regulations" is amended by amending the
row titled `Building Materials" to mad as follows:
C. Section 4.15.2 "Schedule of Residential Height and Area Regulations" is amended by amending the
column titled "TH" to read as follows:
Sec. 4.15.2. Schedule of residential height and area regulations.
Ordinance No. 3562-3.18, Page 2
R-1
I R-1.5
I R-2
I R-3
I R-4
I R-5
I R-6
R-0
2-F
I TH ist
1 MIT. 12 (6'
MF -18161
M -H
Building Materials
100% Masonry
Exteriori')
C. Section 4.15.2 "Schedule of Residential Height and Area Regulations" is amended by amending the
column titled "TH" to read as follows:
Sec. 4.15.2. Schedule of residential height and area regulations.
Ordinance No. 3562-3.18, Page 2
I D.
Section 4.15.2 "Schedule of Residential Height and Area Regulations" is amended by amending
Footnotes (8) and (9) to read as follows:
Rsl Property developed for Townhome use shall also comply with Sec. 6.06.14.
t9) The exterior walls of all buildings, exclusive of doors and windows, shall be constructed of 100 percent brick,
stone masonry, or stucco materials per elevation. For the purposes of this section, cementitious fiber board shall
not be considered a masonry material.
E. Section 4.15.3 "Schedule of Non -Residential Height and Area Regulations" is amended by adding
Footnote (8) with respect to (i) "Front Yard Setback for Right -of -Way > 100 ft." and (ii) "Front Yard
Setback for Right -of -Way < 100 ft." relating to Condor Commercial "CC" Zoning Districts, to read
as follows:
0) Properties adjacent to Highway 121 shall have a front yard setback of fifty feet (50'). No parking shall be
allowed within thirty feet (30') of the front property line.
Section 4.20.2 `Schedule of Principal Uses" is amended by adding the use "Personal Service Business"
and establishing the zoning districts in which such use is permitted, permitted with a specific use permit,
and prohibited, as follows:
ESIDENTIAL
USES
TH(a
INONAESIDFNr1AL
Lot Areas . feet
2160
Lot Area/Dwelling Unit
n/a
Front Yard (4) (in feet)
151st
Rem Yard in feet
lo(s)
Side Yard(') (in feet)
6o)
Side Yard(') (% of lot width)
n/a
Corner Lot Side Yard in ft.
15t8t
2
Lot Width in feet
24
Q
Lot Depth in feet
90
�
Buildable Areas . feet
n/a
S
Dwelling unit Size . ft.
1,200
U'
Average du size/ ro'ect
n/a
f
Park Land/du (sq. feet)
436
U
Open Space/du (sq. ft.
667
Building Materials
100% Masonry
E
Percent Lot Coverage
75
9
Dwelling units/acre (sq. ft.)
10.8
Building Height (feet)
35
Building Height (stories)
2.5
Section 4.15.2 "Schedule of Residential Height and Area Regulations" is amended by amending
Footnotes (8) and (9) to read as follows:
Rsl Property developed for Townhome use shall also comply with Sec. 6.06.14.
t9) The exterior walls of all buildings, exclusive of doors and windows, shall be constructed of 100 percent brick,
stone masonry, or stucco materials per elevation. For the purposes of this section, cementitious fiber board shall
not be considered a masonry material.
E. Section 4.15.3 "Schedule of Non -Residential Height and Area Regulations" is amended by adding
Footnote (8) with respect to (i) "Front Yard Setback for Right -of -Way > 100 ft." and (ii) "Front Yard
Setback for Right -of -Way < 100 ft." relating to Condor Commercial "CC" Zoning Districts, to read
as follows:
0) Properties adjacent to Highway 121 shall have a front yard setback of fifty feet (50'). No parking shall be
allowed within thirty feet (30') of the front property line.
Section 4.20.2 `Schedule of Principal Uses" is amended by adding the use "Personal Service Business"
and establishing the zoning districts in which such use is permitted, permitted with a specific use permit,
and prohibited, as follows:
ESIDENTIAL
USES
I
TYPE OF USE
INONAESIDFNr1AL
DaaTnROB
H
m
O
O
0 U
6 6
0 0 0
Q
Q
Q
CLLR
�
i
'i
S
Q
U'
O
¢ 0 0
J N J l9 U
f
J
S
U
FHRSON SERVICE
BUSINESS
Ordinance No. 3562-3-18, Page 3
SECTION 3. Allen Land Development Code, Article VI "Special Zoning Provisions' is amended as follows:
' A. Section 6.04.1 "Temporary Use Perram Applications," Subsection 3 "Types of temporary use permits,"
paragraph c. "Carnival, circus, fairgrounds, parking lot sales, sporting events, philanthropic or religious
event, and political rallies" is amended to read as follows:
C. Carnival, circus, fairgrounds, parking lot sales, sporting events, philanthropic or religious event, and
political rallies. Carnival, circus, fairgrounds, parking lot sales, sporting events, political rallies,
philanthropic or religious events and similar activities may be allowed provided the use conforms to all
other provisions of this Code and the Code of Ordinances. The term of a temporary use permit for a
carnival, circus, or fairgrounds shall not exceed a maximum of five (5) days.
B. Section 6.06 "Supplemental Use Regulations" is amended by adding Section 6.06.14 "Townhomes" to
read as follows:
Sec. 6.06.14. Townhomes
Townhome developments shall be subject to the following additional development and use regulations:
a. Base zoning. Townhome uses shall comply with the use and development regulations applicable to the
development of a Townhome Residential District ("TH") except as provided in this section or the
development and use regulations of a planned development zoning district.
b. Units.
' (1) No more than six (6) dwelling units shall be attached in one continuous row or group.
(2) No dwelling unit shall be constructed above another dwelling unit.
C. Lot Design. Townhome developments shall be developed with units that face a public street or an open
space in accordance with the following:
(1) Dwelling units that front a public street shall be developed subject to the following:
i. On -street parallel parking spaces are required. On -street spaces complying with
the minimum dimensional requirements of this code may be counted in satisfying
the minimum number of visitor parking spaces required for the development.
it. Trees are required to be planted in tree planting areas not less than nine feet (9')
wide located between the curb and sidewalk. Trees maybe planted in landscaping
bump -outs located between parallel parking spaces and having a minimum size of
nine feet by ten feet (9'x 10'). No utilities shall be located in the tree planting area.
iii. A utility and pedestrian access easement not less than ten feet (10.0') wide must
be located between the tree planting area and townhome but no closer than five
feet (5.0') from any structure, including any porches, steps or stoops, extending
from the front of the dwelling unit. The width of this easement may need to be
increased to accommodate utility depth requirements.
' iv. All franchise utilities and telecommunication facilities shall be located in
easements located within the rear (alley side) of the dwelling units.
V. Front -loading garages are prohibited.
Ordinance No. 3562.3.18, Page 4
vi. Rear access driveways shall be either twenty feet (20') in length or longer or six
feet (6') in length.
' vii. No fence shall be located closer to an alley than the face of the garage or within a
utility easement.
(2) Dwelling units that front an open space shall be developed subject to the following:
i. The open space shall be not less than thirty feet (30') wide. The depth of any
required front yard shall not be counted in determining the required width of an
open space.
ii. Required trees shall be planted in the open space in lieu of a tree planting area.
iii. Pedestrian access easements in which sidewalks must be constructed, must be
dedicated across the open space and/or from yards.
iv. Driveways shall be not less than twenty feet (20') in length.
V. Paved alleys not less than twenty-four foot (24') wide are required.
vi. City -owned utilities must be located in easements dedicated outside the alley
pavement.
vii. Franchise utilities and telecommunication facilities shall be located in the front of
' each dwelling unit in an easement the width and location of with does not reduce
the required usable open space width.
viii. Franchise utilities and telecommunication facilities may not be located in the rear
of the dwelling units unless located in a separate easement that does not conflict
with City -owned utilities.
ix. No fence shall be located closer to an alley than the face of the garage or within a
utility easement.
d. Parking.
(1) An attached garage containing two parallel (not tandem) spaces must be constructed with each
dwelling unit.
(2) Visitor parking spaces shall be constructed subject to the following:
I. One (1) visitor parking space must be constructed for every two dwelling units
constructed within the development with a driveway twenty feet (20') in length;
ii. One and One -Half (1.5) visitor parking spaces must be constructed for every two
dwelling units constructed within the development with a driveway six foot (6.0')
in length;
' iii. No dwelling unit shall be located more than 100 feet from a visitor space; and
iv. On -street or off-street spaces, excluding driveways, may be counted toward
required visitor parking spaces.
Ordinance No. 3562-3.18, Page 5
e. Setbacks.
I(1) Front yards. Where a dwelling unit fronts an open space, for the purpose of determining the
required front yard setback, the distance shall be measured from the common line between the
lot and the open space and the main building line as provided in this section.
i. Minimum fifteen feet (15').
ii. No above ground utility and telecommunications equipment, including but not limited
to meters, transformers, utility boxes and hea[ing/air conditioning units, shall be placed
in the front yard, except electric and gas meters that are attached to the building.
(2) Rear yards.
i. Minimum ten feet (10'); except where garages are accessed with six foot (6') long
driveways, in which case the setback shall be six feet (6).
ii. All above ground utility and telecommunications equipment, including but not limited
to meters, transformers, utility boxes and heating/air conditioning units, shall be placed
adjacent to, or attached to, the building.
(3) Side yards.
i. Minimum twelve feet (12') between buildings.
' it. Minimum fifteen feet (15') if adjacent to a street or alley.
f. Trees. For all streets within the development, shade trees shall be planted in the tree planting area
required by Subsection c. Lot Design at a ratio of one (1) tree for every 30 linear feet of street frontage.
Trees shall be planted a minimum of thirty feet (30') apart on center. Root barriers and similar planting
standards shall be required, unless the proximity of tree root systems to existing or proposed utilities
and other improvements is in the opinion of the Director of Engineering or designee not likely to
interfere with or cause damages to such utilities or improvements without such protection.
g. Open Space. Open space areas must be evenly distributed, centrally located and easily accessible. All
lots must be located within 1,320 feet of usable open space as measured along a street or trail. Open
space shall have no dimension of less than fifteen feet (15'). Lots shall not back to open space.
h. Architecture. Townhome buildings shall be designed to comply with the following:
(1) Building and roof lines must have horizontal and vertical articulation on all walls facing or
adjacent to a street or public open space. Building facades shall be designed to reduce the
uniform monolithic scale and appearance of large unadorned walls, while providing a more
pedestrian -oriented design and visual interest through the use of detail and scale and
fenestration (i.e. character and interrelationships of facade design components including
windows, doors, and roof design).
(2) All living units must have an individual identity which is to be achieved by a combination of
some of the following:
' i. Varying building unit height.
ii. Varying building unit fortes.
Ordinance No. 3562-3-18, Page 6
iii. Varying roof pitch and pitch directions.
iv. Addition or deletion of patio and patio walls.
V. Staggering of exterior walls.
SECTION 4. Allen Land Development Code, Article VII "Zoning Development Standards" is amended as
follows:
A. Section 7.05.3 "Nonresidential and Multifamily Landscaping Requirements," Subsection 4 "Landscape
Buffers Adjacent to Streets" is amended to read as follows:
4. landscape buffers adjacent to streets. A landscape buffer of the following depths measured from the
right-of-way line in which no building, structure or parking shall be located, shall he required adjacent
to the right-of-way line of all dedicated public streets as follows:
a. Adjacent to United States Highway 75: 25 feet.
b. Adjacent to State Highway 121: 30 feet; provided, however, utilities may he located within
the 15 feet portion of the landscape buffer closest to the right of way line.
C. Adjacent to public streets with a right-of-way of 100 feet or more: 15 feet.
d. Adjacent to public streets with a right-of-way less than 100 feet 10 feet.
' e. Where public improvements, including acceleration or deceleration lanes are to be constructed
within a required landscape buffer area, the Director of Community Development may
authorize reduction of the area of the required landscape buffer up to 50 percent; provided,
however, the square footage of required landscape area(s) to be constructed within the
boundary of the same property must be increased by an amount equal to the square footage of
the area by which the required landscape buffer is reduced and such reduction have not already
been taken into consideration in previously adopted site plan and/or landscape plan.
f. Certain corner lots. Comer lots at the intersection of two major or larger thoroughfares
classified as PBD, P6D, M6D, M4D, M4U, C4U shall comply with the following landscaping
requirements in addition to the required plantings for the landscaped buffer and parking lot
landscaping:
i. A minimum 20 -foot wide landscaped buffer shall be located along all street rights-of-
way beginning at the comer and extending 175 feet or to the closest driveway. Beyond
this point, the landscaped edge may be gradually reduced over a distance of 25 feet to
the required width (10 or 15 feet);
ii. Where the city traffic engineer has determined the need for a right -tum lane, and design
constraints exist, the city may consider reducing the landscape buffer. The landscape
buffer shall not be reduced to a width of less than ten feet (see Section 8.05.2.,
Thoroughfare Design Standards); and the total amount of landscape buffer reduced (in
square feet) must be relocated within the site;
' iii. A minimum landscaped area of 900 square feet shall be located at the intersection
corner of the lot and shall be designed to comply with visibility triangle requirements
set forth in Section 13-1 of the Code of Ordinances.
Ordinance No. 3562-3-18, Page 7
B. Section 7.07 "Fences and Walls," Subsection 1 "Height of Fence or Wall" is amended to read in its
entirety as follows:
' I. Height offence or wall
a. Any living plant screen erected or placed in the from yard shall not exceed four feet in height
above the adjacent grade. No fences, walls, structures or buildings shall be allowed in the front
yard except fences or walls less than 36 inches in height as part of an unenclosed front porch
or uncovered patio and in accordance with Section 4.15.1.
b. Any fence, wall, or living plant screen erected or placed behind the minimum required front
yard line may he erected or maintained to a maximum height of eight feet above the adjacent
grade.
C. No fence, screen, wall or other visual barrier shall be placed in such a manner as to obstruct
the vision of motor vehicle drivers approaching any street or alley intersection. At all
intersections, clear vision shall be maintained in accordance with Section 8.05.1 of this code.
C. Section 7.09.11.2 - Table 7.23 "Permanent Signs" is amended by adding under the section regarding
"On -Premises — Free Standing (Detached) — Monument" a new Sign Type titled "Retail/Comm Multi -
Tenant >10 acres within 100 ft. of Highway 121" to read as follows:
Section 7.09.11.2 - Table 7.23, Permanent Signs
SECTION 5. Allen Land Development Code, Article Vill "Subdivision Regulations" is amended as follows:
A. Section 8.02.4 "Administrative Approval of Certain Amending Plats, Minor Plats and Replats" is
amended to read as follows:
Sec. 8.02.4. Administrative approval of certain amending plats, minor plats and replats.
1. The director of community development is authorized to approve the following:
Minor plats described in Section 8.03.6;
Ordinance No. 3562.3.18, Page 8
SIGN
a
Zoning DT stprict
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W
2 W
E
Additional Provisions
i�U°ne$zvwm.��
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�
n- remises - Free
-stand'
Detached - Monument
Signs to be wrapped in
masonry or similar
product with no poles
emil/Comm
visible.
ulti-Tenant>10
**Measured from the
res within 100 ft.
35**
300
n/a
1 *
60
15
Y
nearest adjacent grade o
f Highway 121
the travel lanes of
Highway 121
*Additional sign
allowed for tracts > 15
acres on same premises
SECTION 5. Allen Land Development Code, Article Vill "Subdivision Regulations" is amended as follows:
A. Section 8.02.4 "Administrative Approval of Certain Amending Plats, Minor Plats and Replats" is
amended to read as follows:
Sec. 8.02.4. Administrative approval of certain amending plats, minor plats and replats.
1. The director of community development is authorized to approve the following:
Minor plats described in Section 8.03.6;
Ordinance No. 3562.3.18, Page 8
b. Replats described in Section 8.03.7; and
C. Amending plants described Section 8.03.8.
2. The director of community development may for any reason elect to present the minor plat, replat or
amending plat to the commission for action.
3. Any minor plat, replat, or amending plat which the director of community development fails or refuses
to approve shall be submitted to the commission for action.
B. Section 8.03.4 "Final Plat" is amended by deleting Paragraphs 2.0. and 2.p. and renumbering
Paragraph 2.q. to be Paragraph 2.0.
C. Section 8.03.6 "Minor Plats" is added to read as follows:
Sec. 8.03.6. Minor plats.
The purpose of a Minor Plat is to simplify divisions of land under certain circumstances outlined in
State law. An application for approval of a Minor Plat may be filed only in accordance with State law,
when all of the following circumstances apply:
a. The proposed division results in four (4) or fewer lots;
b. All lots in the proposed subdivision front onto an existing public street and the consmuction or
extension of a street or alley is not required to meet the requirements of this code; and
IC. Except for right-of-way widening and easements, the plat does not require the extension of any
municipal facilities to serve any lot within the subdivision.
2. Unless otherwise specified, application and all related procedures, including recordation, shall be the
same as specified for a Final Plat. Review and approval shall be in accordance with Section 8.02.4 and
other applicable provisions of this code.
D. Section 8.03.6 "Replatting Without Vacating Preceding PIaP' is renumbered as Section 8.03.7 and
amended to read as follows:
Sec. 8.03.7. Replatting without vacating preceding plat.
The purpose of a replat is to re -subdivide pan or all of any previously platted subdivision, addition, lot
or tract, which does not require the vacation of the entire preceding plat. Replats shall apply only if a
property owner seeks to change any portion of a plat that has been previously recorded in the map or
plat records of Collin County.
2. A Replat of all or a portion of a recorded plat may be approved in accordance with State law without
vacation of the recorded plat, if the Replat
Is signed and acknowledged by only the owners of the property being replatted;
b. Is approved after a public hearing; and
C. Does not propose to amend or remove any covenants or restrictions previously incorporated in
the recorded plat.
Ordinance No. 3562-3-18, Page 9
3. A replat without vacation of the preceding plat must conform to the requirements of Section 4. below
if:
' a. During the preceding five years, any of the area to be replatted was limited by an interim or
permanent zoning classification to residential use for not more than two residential units per
lot; or
b. Any lot in the preceding plat was limited by deed restrictions to residential use for not mom
than two residential units per lot.
4. If the conditions described in subsection 3.a. or 3.b. of this section exist, then the following is required:
a. Notice of the hearing shall be given 15 days before the day of the hearing by:
i. Publication in the city's officially designated newspaper; and
ii. By written notice, with a copy of the specific language contained in the following
subsection (b) attached thereto, forwarded by the commission to the owners of property
in the original subdivision located within 200 feet of the property upon which the replat
is requested, as such owners are indicated on the most recently approved municipal tax
roll or, in the case of a subdivision within the extraterritorial jurisdiction of the city,
the most recently approved county tax roll. The written notice may be delivered by
depositing the notice, properly addressed with the postage prepaid, in a post office or
postal depository within the municipal boundaries of the city.
' b. If the proposed replat requires a variance and is protested in accordance with this subsection,
the proposed replat must receive, in order to be approved, the affirmative vote of at least three-
fourths of the members of the commission present and voting. For a legal protest, written
instruments signed by the owners of at least 20 percent of the area of the lots or land
immediately adjoining the area covered by the proposed replat and extending 200 feet from
that area, but within the original subdivision, must be filed with the commission prior to the
close of the public hearing.
C. In computing the percentage of land area under subsection 4.b. of this section, the area of streets
and alleys shall be included.
d. Compliance with subsections 4.b. and 4.c. of this section is not required for approval of a replat
of part of a preceding plat if the area to be replatted was designated or reserved for other than
single or duplex family residential use by notation on the last legally recorded plat or in the
legally recorded restrictions applicable to the plat.
E. Section 8.03.8 "Amending Plats" is added to read as follows:
Sec. 8.03.8. Amending plats.
1. The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions
to a recorded plat consistent with provisions of Tex. Loc. Govt. Code § 212.016. Procedures for an
Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve one or more of
the following:
' a. Correct an error in a course or distance shown on the preceding plat;
Add a course or distance that was omitted on the preceding plat;
Ordinance No. 3562-3-18, Page 10
C. Correct an error in a real property description shown on the preceding plat;
Id. Indicate monuments set after the death, disability or retirement from practice of the engineer
or surveyor responsible for setting monuments;
e. To show the location or character of a monument that has been changed in location or character
or that is shown incorrectly as to location or character on the preceding plat;
To correct any other type of scrivener or clerical error or omission previously approved by the
municipal authority responsible for approving plats, including lot numbers, acreage, street
names, and identification of adjacent recorded plats;
g. To correct an error in courses and distances of lot lines between two adjacent lots if:
i. both lot owners join in the application for amending the plat;
ii. neither lot is abolished;
iii. the amendment does not attempt to remove recorded covenants or restrictions; and
iv. the amendment does not have a material adverse effect on the property rights of the
other owners in the plat;
It. To relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement
1. To relocate one or more lot lines between one or more adjacent lots if:
i. the owners of all those lots join in the application for amending the plat;
ii. the amendment does not attempt to remove recorded covenants or restrictions; and
iii. the amendment does not increase the number of lots;
j. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision
or a part of the subdivision covered by the preceding plat if:
i. the changes do not affect applicable zoning and other regulations of the municipality;
ii. the changes do not attempt to amend or remove any covenants or restrictions; and
iii. the area covered by the changes is located in an area that the municipal planning
commission or other appropriate governing body of the municipality has approved,
after a public hearing, as a residential improvement area; or
k. To replat one or more lots fronting on an existing street if:
i. the owners of all those lots join in the application for amending the plat;
ii. the amendment does not attempt to remove recorded covenants or restrictions;
' iii. the amendment does not increase the number of lots; and
iv. the amendment does not create or require the creation of a new street or make necessary
the extension of municipal facilities.
Ordinance No. 3562.3-18, Page I I
2. Unless otherwise specified, application and all related procedures, including recordation of an
' Amending Plat shall be the same as specified for a Final Plat. Review and approval shall be in
accordance with Section 8.02.4 and other applicable provisions of this code.
F. Section 8.05.1 "Street Design Standards" is amended by adding Paragraph 15 "Sight Visibility
Triangles" to read as follows:
15. Sight Visibility Triangles.
a. Sight Visibility Triangles shall be established on all corners of an intersection between a street
and another street, alley or driveway.
b. No fence, wall, screen, sign, structure, foliage, hedge, tree, bush, shrub, berm, or any other
item, either man-made or natural shall be erected, planted, or maintained in a position that will
obstruct or interfere with sight lines. However, a single tree, traffic control devices, street
lights, and other utility elements that cannot reasonably be placed elsewhere, may be placed
within a given visibility triangle. The Director of Engineering shall have the authority to make
a final determination on the presence of any obstruction and the allowance of any items within
the visibility triangle.
C. Lines of sight at all intersections shall be clear at elevations between thirty inches (30") and
nine feet (9') above the average gutter elevation within the comer visibility triangle.
d. The City has the right to prune or remove any vegetation within City right-of-way, including
within sight line triangles.
e. The Director of Engineering shall have the authority to interpret the application of sight
visibility requirements where unique circumstances exist.
f. The values presented in the following table are minimum sight distances for views in both
directions such that an exiting vehicle can accelerate to the operating speed of the street in
turning left (far side applies) or right (near side applies) from any driveway, alley or street
intersecting a public street. Where a driveway intersects a street with a median barrier that
prevents left mors, only the New Side sight distance requirement is applicable.
Posted Speed (mph)
Intersection Si ht Distance
New Side (feet) Far Side (feet)
30
290 335
35
335 390
40
385 445
45
430 500
50
480 555
FM SIDE
SIGHT DISTMGE
CLIP
' 5 \ CL DR APPROACH
15'i ` 'ED. CURB
SIGHT NSIBIInY LINETI
SIGHT NSIBILItt FASEMEM
Ordinance No. 3562.3.18, Page 12
SECTION 6. Allen Land Development Code, Appendix A "Definitions" is amended as follows:
' A. Amend the definition of the phrase "Amusement Commercial (Indoor)" to read as follows:
Amusement commercial (indoor) means a private facility offering indoor entertainment such as
bowling alley, billiard parlor, skating rink, video arcade, coin-operated amusement machines
in compliance with Sec. 47.01(4)(B) of the Texas Penal Code, or similar indoor entertainment,
but does not include, social gaming, gaming clubs or parlors, cardrooms, or similar gaming
activities.
B. Amend the definition of the phrase "Medical or Dental Office' to read as follows:
Medical or dental office means an office where outpatient medical and dental services are
provided by physicians, dentists, chiropractors, optometrists, licensed massage therapists, and
similar medical professionals. This classification also includes physical therapy and counseling
services related to medical conditions. See also "Medical clinic."
C. Add a definition for the phrase "Personal Service Business" to read as follows:
Personal service business means an establishment providing individual services related to
personal needs directly to customers at the site of the business, or that receives goods from or
returns goods to the customer that have been treated or processed at that location or another
location. Specific use types include, but are not limited to: barbershop, beauty shop, tanning
salons, permanent cosmetics, nail salons and unlicensed / non-medical massage therapy.
' SECTION 7. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall he
controlling
SECTION 8. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
as amended hereby, 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 9. An offense committed before the effective date of this Ordinance is governed by prior law and the
provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 10. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be
subject to the same penalty as provided for in the Allen land Development Code, as amended, and upon conviction
shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 11. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 3562-3-18, Page 13
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLBV
COUNTY, TEXAS, ON THIS THE 27TH DAY OF MARCH 2018.
APP ROVED•
Stetepj(hen T rrell, MAYOR
APPROVED AS TO FORM: ATTEST:
tC�4l
Peter G. Smith, ATTORNEY She ey B. Geo ,CITY CRETARY
(kbl 3n II W18.9721 1)
Ordinance No. 3562.3-18, Page 14