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Home My WebLink AboutO-3342-12-15I 1 ORDINANCE NO. 3342-12-15 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING: SECTION 4.10 "RESIDENTIAL ACCESSORY USE REGULATIONS" RELATING TO THE LOCATION OF ACCESSORY STRUCTURES; SECTION 4.153 "SCHEDULE OF NONRESIDENTIAL HEIGHT AND AREA REGULATIONS" RELATING TO THE HEIGHT OF ACCESSORY STRUCTURES IN THE OFFICE ZONING DISTRICT; SECTION 410.2 `SCHEDULE OF PRINCIPLE USES" RELATING TO "MEDICAL CLINIC" AND "MEDICAL AND DENTAL OFFICE" USES; SECTION 4.203 `SCHEDULE OF ACCESSORY USES" RELATING TO THE ADDITION OF A NEW USE TITLED "TELECOMMUNICATIONS (MONOPOLE TOWER)"; SECTION 7.03.4.5 "PARKING LOT AND LOADING AREA LIGHTING" RELATING TO STANDARDS FOR PARKING LOT AND LOADING AREA LIGHTING; SECTION 7.091 RELATING TO THE DEFINITION OF "SIGN AREA'; SECTION 7.09.5.10. RELATING TO DESIGN STANDARDS FOR CERTAIN SIGNS; SECTION 7.09.9.1 RELATING TO THE LOCATION OF FREESTANDING SIGNS; SECTION 7.09.11.1 RELATING TO "TEMPORARY SIGNS"; SECTION 7.09.111 RELATING TO REQUIRING PERMITS FOR PERMANENT INSTITUTIONAL SIGNS; APPENDIX A, "DEFINITIONS" BY AMENDING THE DEFINITIONS OF "MEDICAL CLINICS," "MEDICAL AND DENTAL OFFICES," AND "HOSPITALS'; AND APPENDIX C, "TREES AND PLANTS" BY AMENDING THE LIST OF RECOMMENDED SPECIES FOR NEW PLANTINGS; 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 ($2,000.00) 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. Subsections 2, 3, and 5 of Allen Land Development Code, Section 4.10 'Residential Accessory Use Regulations," shall be amended to read as follows: ' 2. Side and rear yards. The required side and rear yard for any detached accessory structure is three feet from any side or rear lot line, except as follows: a. If no alley exists, the rear yard shall not be less than five feet from the rear lot line. b. No accessory structure shall be located within any dedicated easement. C. A garage entered from an alley or side street shall be set back from the side street or alley a minimum distance of 20 feet 3. Cooling towers and similar structures. Air conditioning compressors and pads of detached single-family residential shall be setback a minimum of three (3) feet from any property line. Cooling towers and similar accessory structures are required to observe all front, side or rear yards. 5. Swimming pools. Swimming pools (including all decking and equipment) must be located behind front building setback lines and at least three feet from any property line. Any swimming pool water edge shall be a minimum of five (5) feet from any primary structure. All pools must be completely enclosed by a fence or wall no less than six feet in height with self -latching and self-closing gates. The latching device shall be located on the pool side a minimum of 4'/x feet from the ground. Automatic electric gates may be used, provided closing action is initiated within 60 seconds after pass-through of a vehicle or persons. Temporary fencing is required during excavation. ' SECTION 2. Allen land Development Cade, Section 4.15.3 "Schedule of non-residential height and area regulations" shall be amended to mad as follows: 1 Ordinance No. 3342-12-15. Page 2 KoEl)-LEC£ I40FI!IESKE4 LI WA. ARFA IM"LONS Wparkdgor former, rammed .Irall Yard ezceplaulormdepar"Wiaerell sea4add a1ba811W1eM from a,eeidemal d'ebel -2 pb emmga(Yrommar Dams s holooaww6N. meboal Yard -3 o,mk.g shaRtooloyedwXM1n Mlymel(W+o" of lOelrmipmped, l.e �4 Weie(I by 3upp3 AO W 0 LP SC LC be x It LI H S i i CF 0 0 m Frml Ye.. Smack POW> IW d iW 1W(2) IOA2) 2511) 2511) 25111 2511) f02)13)1W2) 100(2)(3) 50 - O= Rent Yard Setback R6W< 10011 1W 2511) 25[11 25111 2511) 2511) 2511) 5012) Ma W(21 S S S S S S S 25 S 7kaYard SNEack(niM) 20 W 10 10 10 10 10 25 25 25 25 Sale Yard Ifecml to tp¢gpiWi kVmrm Mo , sheerer aHyl. lcel) Na W 25 25 25 25 25 25 25 Ne Na '', Rear Yard Seflrack( leaf) 2s o 0 0 0 0 0 25 25 W 25 j Rear Yard W. to PosdnlW IXe1m11.10 rva 50 W 25 A W 50 50 m 50 W r Ldalze In acre,l 1 Na Na Na No Na rya Na We We Ne w o ItgM (n teal) 35 A5 W 1n 35 45 AS JS 1Eq]) <5 JS 0.5 O F 1 *'m(aommed 26 361. 25 3 3 3121]) 3 3 3 tl bb IegM (n ll)adNaard to Faageelel Na 35 25 No Ne Ne 35 25 30 35 - ¢ bb Embetw"(WrI0erl i Na 1 150 Na Na we 33J 1W 2W 2'p 2W ISI AddYwW me,ft bond salarCk(nfear) Na Na 101 Na Na Na Na ID1 101 101 101 OO ,drimmm AOwe(F IM) Na Na W No Na No Na 4` d5 45 45 o k Fon15a1pxk lot addderal ke5M 1. 10 Ne Ne zlb Na Na Na Na 2W 2W 2W 2W SgERaar SelWcklmflddAronal 1pn)Fq (.111 na Na 1W Na Na Ne Na IW IW 1W 1W Percem loIaeymmge 3l W W 4o W So Ne Ne Na We Na F1pr Ama Poi. Ne I.Y1 1 D1 01 o1T 01 D13 Fot z of m1 t oz 101 101 Poiaa Na Na Na Na Na Ne Ne 031 Ne Na Na AllemmImromedmclkm.ha La IOTkmamem ) 1 Wparkdgor former, rammed .Irall Yard ezceplaulormdepar"Wiaerell sea4add a1ba811W1eM from a,eeidemal d'ebel -2 pb emmga(Yrommar Dams s holooaww6N. meboal Yard -3 o,mk.g shaRtooloyedwXM1n Mlymel(W+o" of lOelrmipmped, l.e �4 Weie(I by 3upp3 -5 Wdhn 2W feel of of property Zoned ler d,mcaMal or Cgmundy Facllllee 6 Sae Apperd'. A•. . -] A6YnYm froot for prllRry spoema MN. ad admbnM dredurea Jerred 10 45 feet or 3 adore, SECTION 3. Allen Land Development Code, Section 4.20.2 "Schedule of Principle Uses" is amended by permitting, permitting following approval of a specific use permit, and prohibiting uses defined as "Medical Clinic' and "Medical or Dental Office' as follows: RESIDENTIAL USES NON-RESIDENTIAL DISTRICrS N � M ei vi N ftf V VI a z b : n c S S i i TYPE OF USE 0 0 m v ¢ c dr dr r O= Medical Clinic S S S S S S S X S Medical or Dental Office X X X X X X X X S SECTION 4. Allen Land Development Code, Section 4.20.3 "Schedule of Accessory Uses' is amended by permitting, permitting following approval of a specific use permit, and prohibiting uses defined as "Telecommunications (Monopole Tower)" as follows: Ordinance No. 3342-12-15 Page 3 RESIDENTIAL USES NON-RESIDENTIAL DISTRICFS Parking Area Maximum Mounting Height 0 to 50 parking spaces 14 feet 51 to 200 parking spaces 20 feet 201 or greater parking spaces 25 feet b. All parking lot and loading area lighting shall comply with the following .rv, m`� i. Base cover and base, pole, light arm, and luminaire housing shall all be dark bronze in color; ii. Light pole must be square straight steel with an anchor base; iii. Luminaire shall be generally rectangular or square in shape and have either high pressure sodium or LED fixture; iv. All lighting fixtures shall be fully shielded; and V. Alternative designs may be approved by the commission and must be z rc ry rc m z a rc in rc m z¢ n x i i x i TYPE OF USE O O 5 m u r ¢ m O TELECOMMUCATIONS (Monopole Tower) X X X X X X X X X X SECTION 5. Subsection 8 of Allen Land Development Code Section 7.03.4 "Outdoor Lighting" is amended to read as follows: SECTION 6. Allen Land Development Code, Section 7.09.2 "Sign Definitions" is amended by changing the definition of "Sign Area" to read as follows: Sign area means the gross surface area of the sign, including a single surface of a sign with messages on both sides, the sum of all surfaces where two or more signs share a single structure; and the copy area of a monument sign. I n the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by ten percent for the second and each subsequent rectangle used in the calculation. SECTION 7. Subsection 10 of Allen Land Development Code, Section 7.09.5 "General regulations governing signs" is amended to read as follows: 10. Attached permanent signs and freestanding signs shall be designed to resist wind load and to receive dead load as required by the city building code. A structural engineer's seal may he required. Ordinance No. 3342.12.15. Page 4 8. Parking lot and loading area lighting. a. The mounting height of luminary fixtures shall not exceed the following: Parking Area Maximum Mounting Height 0 to 50 parking spaces 14 feet 51 to 200 parking spaces 20 feet 201 or greater parking spaces 25 feet b. All parking lot and loading area lighting shall comply with the following requirements: i. Base cover and base, pole, light arm, and luminaire housing shall all be dark bronze in color; ii. Light pole must be square straight steel with an anchor base; iii. Luminaire shall be generally rectangular or square in shape and have either high pressure sodium or LED fixture; iv. All lighting fixtures shall be fully shielded; and V. Alternative designs may be approved by the commission and must be compatible with the architecture of the building. C. All electric utility service facilities shall be underground. SECTION 6. Allen Land Development Code, Section 7.09.2 "Sign Definitions" is amended by changing the definition of "Sign Area" to read as follows: Sign area means the gross surface area of the sign, including a single surface of a sign with messages on both sides, the sum of all surfaces where two or more signs share a single structure; and the copy area of a monument sign. I n the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by ten percent for the second and each subsequent rectangle used in the calculation. SECTION 7. Subsection 10 of Allen Land Development Code, Section 7.09.5 "General regulations governing signs" is amended to read as follows: 10. Attached permanent signs and freestanding signs shall be designed to resist wind load and to receive dead load as required by the city building code. A structural engineer's seal may he required. Ordinance No. 3342.12.15. Page 4 1 SECTION 8. Paragraph 1 of Allen Land Development Code, Section 7.09.9 "Permanent Signs, Subsection 1 "Freestanding Signs" is amended to read as follows: No freestanding sign shall he located less than ten (10) feet from any adjacent property line nor less than 100 feet from any single-family residential district. SECTION 9. Table 7.22 in Allen Land Development Code, Section 7.09.11.1 'Temporary Signs" is amended as follows: A. Regulations relating to "Institutional" signs are deleted in their entirety. B. The note in the last column relating to "Banners and Special Events" is amended to read as follows: "Maximum three (3) permits per year." C. The Time Limit for "Grand Opening Balloons/Inflatables" is amended by changing the time limit from 21 days to 45 days. SECTION 10. The regulations relating to "Institutional" signs as set forth in Table 7.23 in Allen Land Development Code, Section 7.09.11.2 "Permanent Signs" is amended as follows: SIGN TYPE Miximum Height Moumum Co Area Mnomum Structure Mizuno m Mnimum sweig Front Yard Setback (minimum Permit Required Nkaional Pmvtsions (Square (includes Zoning District Peet) copy Number in n) area 'Per street homage NSMuhooat 8 32 nor 2' nla Na Y either attachetl to a screening wall or freestanring SECTION 11. Allen Land Development Code, Appendix A "Definitions" shall be amended as follows: A. The definitions for the words and phrases "Hospital" and "Medical Clinic" shall be amended to read as follows: Hospital — means a public or private institution providing medical and surgical care to the sick or injured, including surgical facilities and beds for patients to stay overnight. These establishments may include as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the State of Texas. Medical Clinic — means facilities, other than hospitals and medical and dental offices, where patients are admitted for examinations and treatment by one or more physicians, on either a "walk-in" or appointment basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation. This classification includes emergency medical services offered exclusively on an out- patient basis, such as urgent care centers, as well as licensed facilities offering ' substance abuse treatment, blood banks and plasma centers, and day surgery centers. See also Medical or Dental Office. Ordinance No. 3342-12-15, Page 5 I B. A definition for the phrase "Medical or Dental Office" is added to read as follows Medical or Dental Office - means an office where outpatient medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification also includes physical therapy and counseling services related to medical conditions. See also Medical Clinic. SECTION 12. The list of Recommend Species and Unprotected Trees founds in Paragraph 1 "Recommended Species for New Plantings," Subparagraph "a' "Overstory (shade) trees" in Allen Land Development Code, Appendix C "Trees and Plants" is amended to read as follows: Cedar Elm Ulmus crassifolia -. Pecan _ Carya illinoinensis Chinese Pistache Pistacia chinesis Bur Oak - Quercus macrocarpa Shumard or Texas Red Oak Quercus shumardii or texana Texas Ash _ Fraxinus pennsylvanica Live Oak Quercus virginiana Eastern Red Cedar Juniperus virginiana Chinquapin Oak Quercus muhlenbergii Gum Bumelia or Chittamwood Bumelia lanuginosa Black Walnut Juglans nigra Eastern Persimmon Diospyrus virginiana Shantung Maple Acer truncatum Magnolia 'DD Blanchard' Magnolia grandiflora Princeton Elm Ulmus americana Buckley's Oak Quercus buckleyi SECTION 13. The list of Recommend Species and Unprotected Trees founds in Paragraph I "Recommended Species for New Plantings," Subparagraph "c" "Accent (ornamental) trees" in Allen Land Development Code, Appendix C "Trees and Plants" is amended to read as follows: Afghan (Eldarica) Pine Pinus eldarica Redbud Cercis Canadensis Redbud Cercis canadensis var. 'Alba' Crape Myrtle Lagerstremia indica Yaupon Holly Ilex vomitoria Eve's Necklace Sophora affinis Texas Sophora Sophora segundiFlora Mexican Plum Prunus Mexicana Deciduous Holly Ilex decidua Chaste Tree Vitex Agnus-cactus Mexican Buckeye _ Ungnadia speciosa Desert Willow Chilopsis linearis Ordinance No. 3342.12-15 Page 6 ' Smoketree Flame leaf Sumac Lacey Oak Wax Myrtle Carolina Buckthome Rusty Blackhaw Texas Redbud Colinas obovatus Rhus lanceolata Quercus laceyi Myrica cerifera Rhamnus caroliniana Viburnum rufidulum Cercis canadensis vu. texensis Foster Holly Ilex x attenuate'Fosteri' Savannah Holly Ilex x attenuata'Savannah' Chitalpa �_ _ Chitalpa tashkentensis Roughleaf Dogwood Cornus drummondii Magnolia 'Little Gem'— Magnolia grandiflora Arizona cypress Blue Ice' F— Cuppressus Arizoniea SECTION 14. The list of Recommend Species and Unprotected Trees founds in Paragraph 1 "Recommended Species for New Plantings," Subparagraph "e" Ground Cover" in Allen Land Development Code, Appendix C "frees and Plants" is amended to read as follows: English hp Monkey Gras Lirp Purple Winter Creeper Vinca SECTION 15. 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 be controlling SECTION 16. 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 Cade, as amended hereby, which shall retrain in full force and effect. SECTION 17. 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 1& 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 19. 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. 3342-12-15. Page 7 I C 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 811 DAY OF DECEMBER 2015. AP ROVED: Steph& Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Q—^ aG✓t Peter G. SndW qfTV ATTORNEY Shelley B. Geo RMC, CITY SE TARY WIM15WO) Ordinance No. 3342.12.15, Page 8