The URL can be used to link to this page

Home My WebLink AboutO-2101-10-02ORDINANCE NO. 2101-10-02 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING ARTICLE IV, SECTION 4.02.1, 4.08.15, 4.08.16 AND 4.15.3, DELETING "OT" — OFFICE TECHNOLOGY AND "TR" — TECHNOLOGY RESEARCH ZONING DISTRICTS AND AMENDING SECTIONS 4.20.2 AND 4.20.3 RELATING TO PERhHTTED AND ACCESSORY USES IN "IT" — INDUSTRIAL TECHNOLOGY AND "CC" — CORRIDOR COMMERCIAL USES; BY AMENDING SECTION IV OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS AMENDED, TO DELETE "OT" — OFFICE TECHNOLOGY AND "TR" — TECHNOLOGY RESEARCH ZONING DISTRICTS AND TO ADD "IT" — INDUSTRIAL TECHNOLOGY ZONING DISTRICT AND TO ESTABLISH PROVISIONS RELATING THERETO; BY AMENDING SECTION IV OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS AMENDED, TO DELETE TABLE IV -1 SCHEDULE OF LAND USES AND TO REPLACE TABLE IV -2 WITH TABLE IV; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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. Section 4.02.1 of the Allen Land Development Code is hereby amended to delete the following zoning districts: "OT" Office Technology District "TR" Technology Research District SECTION 2. Sections 4.08.15 and 4.08.16 of the Allen Land Development Code are hereby deleted. SECTION 3. Section 4.15.3 of the Allen Land Development Code is hereby amended to delete references to OT and TR zoning districts and to delete footnote (4) on page 4.23. SECTION 4. Sections 4.20.2 and 4.20.3 of the Allen Land Development Code are hereby amended to delete references to OT and TR zoning districts and to amend the Schedules of Permitted and Accessory Uses in CC and rr zoning districts as follows: I 1 Section 4.20.2. PRINCIPAL USE CC I7 MUSEMENT COMMERCIAL INDOOR X MUSEMENT COMMERCIAL OUTDOOR S NTIOUE SHOP X PPAREL&RELATED MANUFACTURE X SISTED LIVING S S UTO PARTS SALES X ERIES (WHOLESALE)X S ERV OR CONFECTIONERY X NKS AND FINANCIAL INSTITUTIONS X X ICYCLE SHOPlREPAIR SER X OOK CARD OR NOVELTY SHOPS X OTTLING WORKS 8 DISTRIBUTION S UILDING MATERIALS SALES Indoor X US STATIONSRERMINALS S AR WASH X CARNIVAL OR CIRCUS T ARPENTRV PAINTING SHOP X CHURCH TEMPLE OR RECTORY S S CLINIC, MEDICAL X X COLLEGE OR UNIVERSITY X X CONCRETE BATCH PLANT(TEMPORARY) T T CONSTRUCTION OFFICE (TEMPORARY)T T ONVALESCENT CENTER OR NURSING HOME S S ONVENIENCE STORE X DAY CARE FACILITY X DEPARTMENT OR DISCOUNT STORES X DRUG STORE OR PHARMACY X DRUGS PHARMACEUTICAL MFG. X ELECTRONIC ASSEMBLY X ABRICS OR NEEDLEWORK SHOP X AIRGROUNDS OR RODEO T IREARMS SALE & SERVICE S FITNESS AND HEALTH CENTER X FLORIST X FOOD SERVICE X X FRATERNAL ORG., LODGE CIVIC CLUBS X FUELING STATION S FUNERAL HOMES AND MORTUARIES X S FURNITURE/APPLIANCE SALES X GARAGE, PUBLIC PARKING X X GOLF COURSE S GOLF COURSE PUBLIC S GROCERY X GYMNASTICS/ATHLETICS X HARDWARE STORE X HELISTOP SS HELISTOP(TEMPORARY) T T Ordinance No. 2101-10-02, Page 2 E [1 Section 4.20.2. PRINCIPAL USE CC R HOSPITAL X X OTEL S X EY SHOP LOCKSMITH X -ABORATORIES: BIO SAFETY LEVEL 2 X X -ABORATORIES: BIO SAFETY LEVEL 3 X X -ABORATORIES: BIO SAFETY LEVEL 4 S LABORATORIES: DENTAL X X LAUNDRY/CLEANING PLANT RETAIL w/PKNP X LAUNDRY/DRY CLEANING PICK-UP ONLY X MANUFACTURING, LIGHT X S MASS TRANSIT COMMUTER PICK-UP S X MASSAGE PARLOR S MOTOR CYCLE SALES & SERVICE X MUSEUM, LIBRARY ART GALLERY PUBLIC X X NURSERY, RETAIL PLANT X NURSINGHOME S S OFFICE SHOWROOM X X PEKE USE X X ARK OR PLAYGROUND PUBLIC X AWN SHOPS S PEST CONTROL SERVICE X PLAYFIELD OR STADIUM S PRINTING OR NEWSPAPER ESTABLISHMENT X X PRIVATE CLUB S S PUBLIC SERVICE FACILITY X RADIO OR TV BROADCAST STUDIO X X REAL ESTATE SALES OFFICE EMP. T T RESTAURANT DRIVE-IN OR THROUGH X RESTAURANT NO DRIVE-IN OR THROUGH X X RESTAURANT/PRIVATE CLUB S S RETAIL STORE X SCHOOL, BUSINESS AND TRADE S X SCHOOL, PROPRIETARY OR DENOMINATIONAL S SCHOOL, PUBLIC S S SEXUALLY -ORIENTED BUSINESS S SIGN SHOP X SWIM OR TENNIS CLUB S TARGET RANGE S HEATER X S VETERINARY HOSPITAL OR CLINIC X VIDEO REDEMPTION MACHINES a -LINER MACHINES -5 or more S AREHOUSE/DISTRIBUTION CENTER S S Ordinance No. 2101-10-02, Page 3 I Section 4.20.3. ACCESSORY USE CC IT LT DAY CARE X OMOTIVE REPAIRS MINOR X ERY OR CONFECTIONERY X X [ANKSAND FINANCIAL INSTITUTIONS X X K CARD OR NOVELTY SHOPS X X STATIONS/TERMINALS X X WASH X CLINIC MEDICAL X X DAY CARE FACILITY X X DRUG STORE OR PHARMACY X X FITNESS AND HEALTH CENTER X X FLORIST X X FUELING STATION S RAGE PUBLIC PARKING X X GOLF COURSE X X GOLF COURSE PUBLIC X X GYMNASTICS/ATHLETICS X LABORATORIES: BIO SAFETY LEVEL 2 X X LABORATORIES: DENTAL X X MASS TRANSIT COMMUTER PICK-UP SERVE X X NURSERY RETAIL PLANT X OFFICE USE X X PLAYFIELD OR STADIUM X X CLUB S S IO OR TV BROADCAST STUDIO X REATION CENTER PUBLIC X TAURANT NO DRIVE-IN OR THROUGH [RIVATE TAURANT/PRIVATE CLUB S S AIL STORE X M OR TENNIS CLUB X X M POOL X X 'Home Occupation SECTION & Planned Development No. 54, Ordinance No. 1172-5-93, Section IV, Non -Residential Districts, is hereby amended in part to delete provisions related to "OT" - OFFICE TECHNOLOGY DISTRICT REGULATIONS and "IR" - TECHNONOLOGY RESEARCH REGULATIONS and to add the following provision to Subsection B. DISTRICT REGULATIONS: "IT" INDUSTRIAL TECHNOLOGY DISTRICT REGULATIONS L PURPOSE: This district is characterized by industrial and office parks accommodating office uses, ' research and development, and electronic assembly, processing and distribution. Ordinance No. 2101-10-02, Page 4 2. USE REGULATIONS: ' a. The use of tracts 9a, 10, 11 and 12 is limited to office uses only when within 350 feet of property zoned for residential or community facilities, including Kittyhawk. b. A building or premises shall be used for the uses specifically provided in Sections 4.20.2 Permitted Principal uses and 4.20.3 Permitted Accessory Uses of the Allen Land Development Code. 3. HEIGHT AND AREA REGULATIONS: a. The height of buildings shall be not exceed those permitted in Section 4.15.3 Schedule of Height and Area Regulations of the Allen Land Development Code, except as provided herein. b. Buildings may exceed 45 feet in height subject to the requirement for additional setback of one foot for every foot of additional height over 45 feet for a maximum side and rear setback of 100 feet. c. Buildings located in Tract 9a are also subject to Federal Aviation Administration height restrictions for as long as the Kittyhawk Estates Private Runway shall continue to operate. 4. MINIMUM SETBACK REOUIREMENTS: a. Setbacks shall meet the requirements of Section 4.15.3 Schedule of Height and Area Regulations of the Allen Land Development Code, except on collectors or thoroughfares of less than 100 feet in width, where the minimum front yard setback shall be SO feet. The setback may be reduced to 40 feet where parking is prohibited between the front building line and the street right-of-way. ' 5. MAXIMUM FLOOR AREA RATIOS: a. The Maximum Floor Area Ratios are shown on Table IV. 6. OUTSIDE STORAGE: a. No outside storage shall be permitted within the front yard setback. b. Outside storage of materials or commodities shall be permitted only if the materials are screened from view of public streets and abutting properties by a fence, wall and/or landscaping materials or combination thereof approved by the Planning and Zoning Commission." SECTION 6. Planned Development No. 54, Ordinance No. 1172-5-93, Section N, Nan -Residential Distncts, is hereby amended by amending Subsection B. DISTRICT REGULATIONS as follows: "CC -E" CORRIDOR COMMERCIAL DISTRICT REGULATIONS 1. PURPOSE: This district is intended to encourage a variety of intense entertainment, lodging, restaurant and related retail and recreation facilities to serve local residents and corporate citizens, as well as to be a regional focal point for these activities. Private clubs will be encouraged in hotel and restaurant facilities. Ordinance No. 2101-10-02, Page 5 2. USE REGULATIONS: ' a. A building or premises shall be used for the uses specifically provided in Sections 4.20.2 Permitted Principal Uses and 4.20.3 Permitted Accessory Uses of the Allen Land Development Code. 3. HEIGHT AND AREA REGULATIONS: a. The height of buildings shall be not exceed those permitted in Section 4.15.3 Schedule of Height and Area Regulations of the Allen Land Development Code, except as provided herein. b. Buildings may exceed 45 feet in height subject to the requirement for additional setback of one foot for every foot of additional height over 45 feet for a maximum side and rear setback of 100 feet. c. The maximum height for any hotel or office tower shall be 20 stories or 240 feet in height. 4. MBNEvfUM SETBACK REOUIREMENTS: a. The minimum front yard setback requirement shall be 100 feet along U.S. 75 and Exchange Parkway. b. The minimum front yard setback along all other streets shall be 25 feet. 5. MAXIMUM FLOOR AREA RATIOS: a. The Maximum Floor Area Ratios are shown on Table N." SECTION 7. Planned Development No. 54, Ordinance No. 1172-5-93, Section N, Non -Residential Districts, is hereby amended by amending Subsection B. DISTRICT REGULATIONS as follows: "CC -P" CORRIDOR COMMERCIAL DISTRICT REGULATIONS 1. PURPOSE: This district is intended to encourage retail facilities to serve the shopping needs of the local community. Private clubs will be encouraged in restaurant facilities. 2. USE REGULATIONS: a. A building or premises shall be used for the uses specifically provided in Sections 4.20.2 Permitted Pnncipal Uses and 4.20.3 Permitted Accessory Uses of the Allen Land Development Code. 3. HEIGHT AND AREA REGULATIONS: a. The height of buildings shall be not exceed 3 stories or 45 feet in height. 4. MINIMUM SETBACK REOUIREMENTS: a. Setbacks shall meet the regmrements of Section 4.15.3 Schedule of Height and Area Regulations of the Allen Land Development Code, except on collectors or thoroughfares of less than 100 feet in width, where the minimum front yard setback shall be 80 feet. The setback may be reduced to 40 feet where parking is prohibited between the front building Ime and the street right-of-way. 5. MAXIMUM FLOOR AREA RATIOS: a. The Maximum Floor Area Ratios are shown on Table N." Ordinance No. 2101-10-02, Page 6 F SECTION S. Planned Development No. 54, Ordinance No. 1172-5-93, Section IV, Non -Residential Districts, is hereby amended by deleting Table IV -1 and replacing Table IV -2 with the following Table IV: TABLE IV Floor to Area Ratios in the Non -Residential Districts Tract No. Zoning Approximate Net Acres Approximate Sq. imFt. Maximum Development n Sq. ft. FAR Calculations 1 CC/E 30.5 1,328,580 535,788 7.0 ac. @ 0.75:1 23.5 acres @ 0.30:1 2 CC/E 35.3 1,537,668 997,959 17.6 acres @ 1:1 17.7 acres @ 0.30:1 3 IT 35.3 1,539,227 1,539,227 35.3acres @ 1:1 4 CCIPC 48.0 2,090,880 627,264 45.8 acres @ 0.30:1 2.2 acres @ 0.75:1 4A CC/PC 7.1 307,717 307,717 7.06 acres @ 1:1 5 IT 46.7 2,034,252 1,252,350 23.4 acres @ 0.75:1 22.4 acres @ 0.50:1 6 IT 52.0 2,265,120 1,320,957 17.3 acres @ 0.75:1 34.7 acres @ 0.50:1 7 IT 36.2 1,576,872 985,545 18.1 acres @ 0.75:1 18.1 acres @ 0.50:1 8 IT 36.2 1,576,872 985,545 18.1 acres @ 0.75:1 18.1 acres @ 0.50:1 9A IT 60.1 2,617,956 1,308,978 60.1 acres @ 0.50:1 9B IT 73.6 3,206,016 1,869,813 24.5 acres @ 0.75:1 49.1 acres @ 0.50:1 10 IT 69.1 3,009,996 1,755,468 23.0 acres @ 0.75:1 46.1 acres @ 0.50:1 11 IT 77.2 3,362,832 1,681,416 77.2 acres @ 0.50:1 12 IT 33.5 1,459,260 729,630 33.5 acres @ 0.50:1 13 SC 18.4 801,504 240,415 18.4 acres @ 0.30:1 14 SC 13.7 596,772 179,032 13.7 acres @ 0.30:1 15 SC 15.1 657,756 197,32715.1 acres @ 0.30:1 16 IT 31.8 1,385,208 1,038,906 31.8 acres @ 0.751 17 IT 41.7 1,816,452 1,362,339 41.7 acres @ 0.75:1 Total 761.5 33,170,940 18,915,676 SECTION 9. 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. Ordinance No. 2101-10-02, Page 7 SECTION 10. 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 11. 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 12. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 13. This ordinance shall take effect immediately from and after its passage and publication of the caption 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, COLI.IN COUNTY, TEXAS, ON THIS THE a DAY OF OCTOBER 2002. APPROVED: "IdAf'o Stephen Terrell, MAYOR ' "PROVED AS TO FORM: ATTEST: S / / � �Ai4-A CLV .ai1h�9 ;--,— Peter G. Smith, CIYY ATTORNEY JudYMorriQu, CMC/MMCA, CITY SECRETARY Ordinance No. 2101-10-02, Page 8