HomeMy WebLinkAboutO-1741-7-99ORDINANCE NO. 1741-7-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-96, AS PREVIOUSLY AMENDED, TO AMEND SECTION 2.06 AND
SECTION 2.06A, SPECIFIC USE PERMITS; BY AMENDING, SECTION 2.09,
SITE PLAN APPROVAL; BY AMENDING SECTION 3.01(1), "PD" PLANNED
DEVELOPMENT REGULATIONS; BY AMENDING SECTION 4.03.6, SIGN; BY
AMENDING SECTION 5.04, FILING FEES AND CHARGES; PROVIDING A
SEVERABHdTY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, 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
the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all the 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 the Comprehensive
Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
' SECTION 1. That Comprehensive Zoning Ordinance No. 1425-5-96, of the City of Allen, Texas, as
previously amended, is hereby amended in part by amending Section 2.06 and Section 2.06A, Specific Use
Permits; Section 2.09, Site Plan Approval; Section 3.01(1), "PD" Planned Development Regulations;
Section 4.03.6, Sign; and Section 5.04, Filing Fees and Charges, to read as follows:
"2.06 SPECIFIC USE PERMITS
Purpose - The purpose of a Specific Use Permit is to allow certain uses in districts
that under most circumstances may not be compatible with other permitted uses but
with certain conditions and development restrictions may be compatible. Requests
for Specific Use Permits for Private Clubs and Restaurant/Private Clubs shall
utilize the criteria specified in Section B. All other requests shall utilize the criteria
specified in Section A.
The City Council may, by an affirmative vote, after public hearing and proper
notice to all parties affected, in accordance with State law, and after
recommendation from the Planning and Zoning Commission that the use is in
general conformance with the Comprehensive Plan of the City, and containing such
requirements and safeguards as are necessary to protect adjoining property,
authorize the granting of a Specific Use Permit.
Permitted Use - A Specific Use Permit may be granted for those uses indicated by
"S" in the schedule of uses in the appendix to this ordinance.
A. Aomroval Process and Procedure
' 1. Application shall be accompanied by a Site Plan meeting the
requirements of Section 2.09. The City shall make available
application forms specifying drawing requirements. The Director
of Planning, Planning and Zoning Commission or City Council
may require additional information or drawings (such as building
Boor plans), operating data and expert evaluation or testimony
concerning the location, function and characteristics of any building
or use proposed.
Ordinance No. 1741-7-99 Page 2
2. In recommending that a Specific Use Permit for the premises under
consideration be granted, the Planning and Zoning Commission and
City Council shall determine that such uses me compatible with
building structures and uses of abutting property and other property
in the vicinity of the premises under consideration and shall make
recommendations as to the requirements for approval. In
approving a requested Specific Use Permit, the Planning and
Zoning Commission and City Council may consider the following:
a) Whether the use is compatible with surrounding existing
uses or proposed uses;
b) Whether the uses requested by the applicant are normally
associated with the permitted uses in the base district;
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c) Whether the nature of the use is reasonable;
d) Whether any negative impact on the surrounding area has
been mitigated;
e) That any additional conditions specified ensure that the
intent of the district purposes are being upheld.
3. Spmific Use Permit Requirements.
a) In granting a Specific Use Permit, the Planning and Zoning
Commission and City Council may impose conditions
which shall be complied with by the owner or grantee
before a Certificate of Occupancy may be issued by the
Building Official for the building(s) on such property.
Such conditions are precedent to the granting of the
Certificate of Occupancy. Any special conditions shall be
set forth in writing and made a part of the granting
ordinance. A timeline may be imposed as a condition upon
the granting of a Specific Use Permit. If a time limit
expires, unless the ordinance granting the Specific Use
Permit provides for the renewal of the Specific Use Permit,
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the applicant shall follow the procedures in Section 2.06A
to renew the Specific Use Permit.
Ordinance No. 1741-7-99 Page 2
b) No Specific Use Permit shall be granted unless the
applicant, owner and grantee of the Specific Use Permit
shall be willing to accept and agree to be bound by and
comply with the written requirements of the Specific Use
Permit, m attached to the Site Plan drawing (or drawings)
and reviewed by the Planning and Zoning Commission and
approved by the City Council.
C) A building permit or Certificate of Occupancy shall be
applied for and secured within six (6) months from the time
of granting the Specific Use Permit, provided however, that
the Director of Planning may authorize an extension not to
exceed six (6) months. After six (6) months from the date
of approval has lapsed, unless extended by the Director of
Planning, the Planting and Zoning Commission and City
Council may review the Site Plan for compliance. If the
Site Plan is determined to be invalid, the property owner(s)
most submit a new or revised Site Plan for approval prior
to any construction or application for building permit for
the area designated for the Specific Use Permit. A public
hearing is required for consideration of the new Site Plan.
B. Private Clubs and RestaurantlPrivate Clubs
Ordinance No. 1741-7-99, Page 3
d)
No building, premise, or land use under a Specific Use
Permit may be enlarged, modified, structurally altered, or
otherwise significantly changed unless an amended Specific
Use Permit is granted for such enlargement, modification,
structural alteration, or change. Minor changes or
alterations may be approved by the Director of Planning,
which do not alter the basic relationship of the proposed
development to adjacent property, the uses permitted,
increase the density, building height, coverage of site, off-
street parking ratio, or area regulations provided such
changes are not contrary to the approved conditions.
e)
The Board of Adjustment shall not have jurisdiction to
hear, review, reverse, or modify any decision,
determination, or coling with respect to the granting,
extension, revocation, modification or any other action
taken relating to such Specific Use Permit.
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When the City Council authorizes granting of a Specific
Use Permit, the Zoning Map shall be amended according to
its legend to indicate that the affected area has conditional
and limited uses, said amendment to indicate the
appropriate zoning district for the approved use and
suffixed by an "S" designation.
B. Private Clubs and RestaurantlPrivate Clubs
Ordinance No. 1741-7-99, Page 3
Ordinance No. 1741-7-99, Page 4
2.09 SITE PLAN APPROVAL
1. Purpose - This section establishes the process for the review and approval
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of Site Plans for proposed developments. The purpose of the review is to
ensure efficient and safe land development, compatible use of land,
compliance with appropriate design standards, safe and efficient vehicular
and pedestrian circulation, parking and loading, and adequate water supply,
drainage, and other utilities.
2. Applicability - Site Plan review and approval shall be required for the
following:
a) Any nonresidential development.
b) Any multi -family development or mobile home park.
C) Any development with two (2) or more buildings per platted lot.
d) Any Planned Development or Specific Use Permit. (Public
hearings may also he required, see Sections 2.06 and 3.01).
No building permit shall be issued for any of the above developments
unless a Site Plan is first approved by the City. No building permit shall be
issued except in conformance with the approved Site Plan including all
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conditions of approval. No certificate of occupancy shall be issued unless
all construction and development conform to the approved Site Plan as
approved by the City. A public hearing on a Site Plan is not required
except in conjunction with a Specific Use Permit or when required by a
Planned Development.
3. Site Plan details - The Site Plan shall be a scale drawing which shows the
following information:
a) Location of proposed building(s) and structures
b) On- and off-site circulation (including truck loading and pickup areas).
Public streets, private drives and fire lanes with pavement widths,
right-of-way, median openings, tum lanes (including storage and
transition space), and driveways (including those on adjacent property)
with dimensions, radii, surface type, and distances between driveways.
c) Puking areas and structures, including the number of parking spaces
provided and required, and layout of standard spaces, handicap spaces,
the location of ramps, crosswalks and loading areas with typical
dimensions and surface type.
d) Grading
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e) Screening (including heights and materials)
Ordinance No. 1741-7-99, Page 4
f) Owner's name, address, and phone number
Ig) Design firm, contact person, address, and phone number
h) Zoning (list special conditions, height/setback area regulations)
i) Setbacks as required by zoning
j) Lot area (acreage and square footage)
k) Building square footage (for each floor)
1) Floor Area Ratio (FAR) (building square footage divided by land
square footage)
m) Building height (stories and feet)
n) Type and location of exterior lighting and photometric analysis for such
lighting if required by the Director of Planning
o) Concrete sidewalks
p) Dumpster and trash compactor locations and screening
' q) Location of off-site improvements including adjacent drives, existing
and proposed median cuts, parking, buildings or other structures within
200 feet of subject property
r) Indicate adjacent property subdivision name/owner, property lines,
zoning.
4. The Site Plan shall be accompanied by a tree survey presented as an
overlay to the Site Plan prepared by a certified arborist or landscape
architect which will include the following information:
Name, address and phone number of preparer
Caliper of all trees six (6) inch or larger
Location and common name of species of trees on the site
Identification of all trees to be removed
Identification of caliper, height, common name of species, and location of
trees that are to be used as replacement trees
Identification of caliper, common name of species, and location of existing
trees that are to be used for credits
5. The Site Plan shall be accompanied by building elevations for new
construction or existing facility where facade is being altered, and show,
elevations, drawn to scale to accurately represent the intended appearance
' and which identifies the exterior construction materials.
Ordinance No. 1741-7-99 Page 5
6. The Site Plan shall be accompanied by a landscape Plan, with proposed
landscape materials.
7. Supplemental requirements - The Director of Planning may require other
information and data for specific Site Plans. This data may include but is
not limited to traffic analysis, road capacities, hours of operations, and
perspective drawings, lighting, and similar information. Approval of a Site
Plan may establish conditions for construction based on such information.
To ensure the submission of adequate Site Plan information, the Director of
Planning shall maintain and distribute a list of specific format and content
requirements for Site Plan review applications, which may be amended
from time to time.
Review standards - The following criteria shall serve as a guide for
evaluating the adequacy of proposed development in the City. The
Director of Planning shall review the Site Plan for compliance with all
applicable ordinances and for harmony with surrounding uses and the
overall plan for development of the City, for the promotion of the health,
safety, and the general welfare of the City.
The Director of Planning shall approve, conditionally approve, request
modifications, or deny the Site Plan based on evaluation of the Site Plan
details with respect to:
' a) The Site Plan's compliance with all provisions of the Comprehensive
Zoning Ordinance and other ordinances of the City including but not
limited to off-street puking and loading, lighting, open space, and the
generation of objectionable smoke, fumes, noise, odors, dust, glare,
vibration, or heat.
b) The relationship of the development to adjacent uses in terms of design,
setbacks and area regulations.
c) The provision of a safe and efficient vehicular and pedestrian
circulation system.
d) The design and location of off-street parking and loading facilities to
ensure that all such spaces are usable, safe and conveniently arranged.
e) The sufficient width and suitable grade and location of streets designed
to accommodate prospective traffic and to provide access for fire
fighting and emergency equipment to buildings.
f) The coordination of streets consistent with the Thoroughfare Plan of the
City.
Ig) The use of landscaping and screening to: (1) provide adequate buffers
to shield light, noise, movement, or activities from adjacent properties
Ordinance No. 1741-7-99, Page 6
when necessary; and (2) to complement the design and location of
buildings integrated into the overall site design.
' h) Exterior lighting to ensure safe movement and security arranged so as
to minimize glare and reflections onto adjacent properties.
i) The location, size, and configuration of open space areas to ensure that
such area are suitable for intended uses.
j) Protection and conservation of water courses and areas subject to
flooding.
k) The adequacy of water, drainage, sewer, and other utilities necessary
for essential services.
9. Aooroval Process
d) It is recognized that final architectural and engineering design may
necessitate minor changes in the approved Site Plan. In such cases, the
Director of Planning shall have the authority to approve minor
modifications of an approved Site Plan, provided that such
modifications do not materially change the circulation, building
locations or any conditions specifically made as part of the City
' Council approval
Ordinance No. 1741-7-99, Page 7
a) The Director of Planning or designee shall review and approve,
approve with conditions, or deny all Site Plans except for Specific Use
Permits or Planned Development Districts or other districts requiring
public hearings. Approval of a Site Plan shall be withheld until the
submission of the landscape plan, tree survey and building elevations.
b) Any decision on a Site Plan with which the applicant disagrees may be
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appealed to the Planning and Zoning Commission. The Director of
Planning shall place the Site Plan on the regular agenda of the Planning
and Zoning Commission within thirty (30) days after the request for
appeal. If approved by the Planning and Zoning Commission, the Site
Plan shall be deemed approved by the City. If the Site Plan is denied
by the Planning and Zoning Commission, the applicant may appeal
within thirty (30) days thereafter by requesting the Site Plan be placed
on the agenda of the City Council. The City Council shall have final
approval or disapproval on all Site Plans which are appealed.
c) If construction of the development for which a Site Plan has been
approved, has not commenced within one (1) year of the date of final
approval, the Site Plan shall be deemed to have expired. Subsequent
review and approval shall be evaluated according to the above
standards taking into account all changes to applicable ordinances
which have occurred subsequent to the prior approval of the Site Plan.
d) It is recognized that final architectural and engineering design may
necessitate minor changes in the approved Site Plan. In such cases, the
Director of Planning shall have the authority to approve minor
modifications of an approved Site Plan, provided that such
modifications do not materially change the circulation, building
locations or any conditions specifically made as part of the City
' Council approval
Ordinance No. 1741-7-99, Page 7
3.01(1) "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS
' 1. Pumose - The City Council of the City of Allen, Texas, after public
hearing and proper notice to all parties affected and after recommendation
from the Planning and Zoning Commission may authorize the creation of a
Planned Development District.
This district is designed to permit flexibility and encourage a more creative,
efficient and aesthetically desirable design and placement of buildings, open
spaces, circulation patterns, by allowing mixture or combination of uses,
and to best utilize special site features such as topography, size and shape.
A Planned Development District may be used to permit new or innovative
concepts in land utilization not permitted by other zoning districts in this
Ordinance. While greater flexibility is given to allow special conditions or
restrictions which would not otherwise allow the development to occur, the
requirements established herein ensure against misuse of increased
flexibility.
2. Approval Process and Procedure - The procedure for establishing a
Planned Development District shall follow the procedure for zoning
amendments as set forth in Section 4.03. The applicant for a Planned
Development District shall comply with the zoning amendment procedure
for a change in zoning district classification. An applicant for a Planned
Development District shall specify the base zoning district, the proposed
' use or combination of uses, proposed development regulations including all
requested deviations from the base zoning district and any other
requirements of this ordinance or the subdivision ordinance, and be
accompanied by a Concept Plan, (or Detail Site Plan, in lieu of a Concept
Plan). The Concept Plan (or Detail Site Plan if appropriate) shall be
attached to and made a part of the ordinance establishing the Planned
Development District.
3. Permitted Uses - A Planned Development District may contain any use or
combination of uses permitted in the Schedule of Uses in the appendix of
this ordinance. Uses shall conform to the standards and regulations to the
base zoning district stated in the ordinance establishing the Planned
Development District.
4. Planned Development Reouirements
a) Base Zoning District - The ordinance establishing a Planned
Development District shall specify the base zoning district. The
specific uses permitted in the base zoning district which are to be
allowed in the Planned Development District must be specified in
the ordinance. Any additional uses not permitted in the base
zoning district most also be specified in the ordinance. In selecting
a base zoning district, the uses allowed in the base zoning district
' must be similar or compatible with those allowed in the Planned
Development District. Any variations or deviations to the base
zoning district or other provisions of this ordinance shall be stated
Ordinance No. 1741-7-" Page 8
in the ordinance. The Planned Development District shall conform
to all other sections of the ordinance unless expressly provided
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otherwise in the granting ordinance.
b) Development Regulations - The ordinance establishing a Planned
Development District shall specify appropriate development
regulations, in written form and shall include, but may not be
limited to: uses, density, lot area, lot width, lot depth, yard depth,
and widths, building height, lot coverage, floor area ratio, off-
street puking and loading, open space, access, screening,
landscaping, project phasing or scheduling, property or homeowner
management associations, and other conditions or requirements the
Planning and Zoning Commission and City Council may deem
appropriate.
c) Concept Plan/Detail Site Plan - During the review and public
hearing process, the Planning and Zoning Commission and City
Council shall require and approve a Concept Plan as part of the
ordinance granting the Planned Development District. A Detail
Site Plan may be submitted in lieu of the Concept Plan.
(1) Concept Plan - This plan shall be submitted by the
applicant at the time of application. The plan shall
graphically show the applicant's intent for the use of the
land within the proposed Planned Development District. If
the ordinance establishing a Planned Development District
approves a Concept Plan, a Detail Site Plan shall be
submitted to the Director of Planning for approval within
six (6) months after the approval of the Concept Plan by the
City Council and prior to preliminary plat approval and the
issuance of any building permit in accordance with section
2.09 of this Ordinance. The Detail Site Plan shall conform
to the Development Regulations and the approved Concept
Plan. Changes of detail on the Detail Site Plan, which
differ from the approved Concept Plan, but do not alter the
basic relationship of the proposed development to adjacent
property, the uses permitted, increase the density, building
height, coverage of site, off-street puking ratio, or area
regulations as indicated on the approved Concept Plan may
be authorized by the Director of Planning. A Detail Site
Plan may be submitted for the total area of the Planned
Development District or for any sections or part as
approved on the Concept Plan. If the Director of Planning
disapproves the Detail Site Plan, the applicant may appeal
the decision to the Planning and Zoning Commission. If
the applicant initially submits a Concept Plan but fails to
submit a Detail Site Plan within six (6) months after City
' Council approval of the ordinance establishing the Planned
Development District, the Concept Plan shall be reviewed
by the City Council to determine the continued validity of
Ordinance No. 1741-7-99, Page 9
C
the Concept Plan, unless the Director of Planning has
granted an extension not to exceed six (6) months.
(a) Residential Concept Plan - A Concept Plan for
residential land use shall show site topography with
contour intervals, the boundary of the Planned
Development District, generalized location of treed
areas, flood plain areas, location of all land use
areas and gross acreage for each use and tract,
density (net and gross), identification of major
access points, rights-of-way or other areas to be
dedicated to the City, open space or common areas,
parkland, preliminary lot arrangements and street
patterns, indication of each phase of development if
separate phases are proposed, and other
information to adequately describe the proposed
development. A preliminary plat illustrating the
requirements herein may be utilized as a Concept
Plan for residential development.
For residential development (such as multi -family)
which does not propose individual platted lots, the
concept plan shall also show the size, type and
location of buildings, building sites, lot coverage,
access, screening, parking and circulation areas,
and landscaped areas.
(b) Nonresidential Concept Plan - A Concept Plan for
other than residential uses shall show site
topography with contour intervals, the boundary of
the Planned Development District, flood plain
areas, generalized locations of treed areas, the land
uses, gross acreage for each use, building sites or
lots, lot coverage, floor area, ratio for each use,
building height and location, parking and
circulation areas, identification of major access
points, rights-of-way or other areas to be dedicated
to the City, location of building setbacks along the
site boundaries, on dedicated streets, and between
residential and non-residential uses, parking ratios,
off-street parking and loading, indication of each
phase of development if separate phases are
proposed and other information to adequately
describe the proposed development.
(2) Detail Site Plan - This plan may be submitted in lieu of a
Concept Plan and shall set forth the final plans for
' development of the Planned Development District and shall
conform to the Development Regulations approved as a
part of the ordinance granting the Planned Development
Ordinance No. 1741-7-99, Page 10
District. The Detail Site Plan shall be a scale drawing
which graphically shows the same information required for
' a Concept Plan for the respective type of development. All
development and construction shall conform to the
approved Detail Site Plan. An amendment to a Detail Site
Plan approved as a part of the ordinance establishing the
Planned Development District is a change in zoning district
classification and must follow the same procedures set forth
in Section 4.03, except the Director of Planning may
approve minor revisions which do not alter the basic
relationship of the proposed development to adjacent
property, the uses permitted, increase the density, building
height, coverage of site, off-street parking ratio, or area
regulations as indicated on the approved Detail Site Plan.
The approval of the Detail Site Plan shall be the basis for
the issuance of a building permit, but does not release the
applicant of the responsibility to submit plans to the
building official for a building permit.
d) Compliance - Development Regulations, the Concept Plan or the
Detail Site Plan are conditions that must be complied with before a
Certificate of Occupancy may be granted.
5. Oven Svace - For all residential uses (including multi -family uses) within a
Planned Development District open space (whether dedicated to public use
or owned and maintained in common by all or part of the occupants of the
Planned Development District through a property or homeowner
association) shall be provided within the Planned Development District
reserved primarily for the leisure and recreational use of the occupants of
the residential uses. The open space shall comprise not less than one (1)
acre of land for each seventy-five (75) dwelling units. Applicants are
discouraged to submit a Concept Plan which varies from the requirements
for open space set forth herein without a recommendation of approval by
the Planning Director. The amount of open space for developments of ten
(10) acres or less or which include lots 18,000 square feet in size or greater
may be varied downward by the City Council when a lesser amount of
open space would be more appropriate to the density of the development,
or where the availability and stature of adjacent public open space is such
that a lesser amount of open space would adequately protect the health,
safety and welfare and promote the orderly development of the Planned
Development District. The determination of whether land is eligible for
open space shall be within the discretion of the City Council.
For purposes of this section, open space shall include:
a) land area accessible to and permanently reserved for the common
use and enjoyment of the occupants of the residential uses within
the Planned Development District for leisure and recreational
purposes (not including area devoted to parking, accessory uses or
for required landscaping or building separation);
Ordinance No. 1741-7-" Page 11
6. City/Developer Facilities Agreement - Planned Development Districts may
require a City/Developer Facilities Agreement prior to or contemporaneous
with final plat approval. This Agreement shall reflect the agreement of the
City and the Developer as to the cost sharing for the installation or
oversizing of utility systems, perimeter streets, mandatory construction or
dedication of park or open space area, landscaping or greenbelt
development or other comparable items, phasing of the development,
maximum density or intensity of use during the construction process, and
the maintenance of open space.
7. All Planned Development Districts approved in accordance with the
provisions of this ordinance in its original form, or by subsequent
amendments thereto, shall be referenced on the Zoning District Map, and a
list of such Planned Development Districts, together with the category of
uses permitted therein, shall be maintained as part of this ordinance.
4.03 CHANGES AND AMENDMENTS
1 ...
Ordinance No. 1741-7-99, Page 12
b) ponds or lakes, not to exceed fifty percent (50%) of the required
open space acreage maintained as an amenity, if specifically
approved as being suitable for open space by the Planning and
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Zoning Commission and City Council.
Land required for open space shall not include:
a) accessory buildings, swimming pools, recreation or community
centers, climate controlled improvements, and areas reserved for
the exclusive use and benefit of an individual tenant or owner;
b) dedicated streets, alleys or public rights-of-way, required
landscaped areas, areas required for yard depth or building setback
or separation;
C) vehicular driveways, private streets, parking areas, loading or
storage areas;
d) flood plain (100 year), flood prone areas, drainage easements,
natural drainage areas or creeks unless maintained as an amenity
and specifically approved as being suitable for open space by the
Planning and Zoning Commission and City Council.
In a Planned Development District for residential uses, property owner or
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homeowner associations are to be established for the purpose of ownership,
maintenance and management of open spaces. All such associations shall
be subject to the approval of the City.
6. City/Developer Facilities Agreement - Planned Development Districts may
require a City/Developer Facilities Agreement prior to or contemporaneous
with final plat approval. This Agreement shall reflect the agreement of the
City and the Developer as to the cost sharing for the installation or
oversizing of utility systems, perimeter streets, mandatory construction or
dedication of park or open space area, landscaping or greenbelt
development or other comparable items, phasing of the development,
maximum density or intensity of use during the construction process, and
the maintenance of open space.
7. All Planned Development Districts approved in accordance with the
provisions of this ordinance in its original form, or by subsequent
amendments thereto, shall be referenced on the Zoning District Map, and a
list of such Planned Development Districts, together with the category of
uses permitted therein, shall be maintained as part of this ordinance.
4.03 CHANGES AND AMENDMENTS
1 ...
Ordinance No. 1741-7-99, Page 12
6. Sign - A sign shall be erected by the City of Allen on the property on
which the change or classification is required, no less than ten (10) days
' prior to the public hearing held by the City Council. The sign shall be
visible to the public and state in bold letters the current zoning, the
requested change, and the time, date and location of the public hearing.
The sign shall also include the City of Allen logo. The City Council may
waive the requirements of this section, if satisfied adequate notice has been
provided to the public.
5.04 FILING FEES AND CHARGES
Each application for zoning or for an amendment or change to the existing
provisions of this ordinance shall be made in writing on an application form
available at the City, filed with the City and shall be accompanied by payment of
the non-refundable appropriate fee established by resolution of the City Council.
SECTION 2. Prior to the adoption of this ordinance, the City Council has established various Specific
Use Permits and planned development districts, which are to be continued in full force and effect, and shall
be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements
which apply to the respective Specific Use Permits and Planned Development Districts shown on the
Zoning Map as of the date of adoption of this ordinance.
SECTION 3. That 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 Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, he adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 6. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the
City of Allen, as previously amended, 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. That 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.
Ordinance No. 1741-7-99, Page 13
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE JIT DAY OF JULY, 1999,
APPROVED:
4e-2f�
Stephen'Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
('44 q2 ;;; & -ZdDl�'
Peter G. Smith, C Y ATTORNEY Ju r
orrisonMC, CITY SECRETARY
Ordinance No. 1741-7-99, Page 14