O-2069-6-02ORDINANCE NO. 2069-6-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
ORDINANCE 1845-6-00, BY AMENDING ARTICLE IV, SECTION 4.08.21, 4.09.1,
AND 4.09.2, SIDEWALK REQUIREMENTS FOR THE CENTRAL BUSINESS
DISTRICT; PROVIDING A SEVERABH.ITY 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 of Allen Planning and Zoning Commission and the governing body of the City of
Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given
requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally and to all persons interested and situated in the affected area and in
the vicinity thereof, and in the exercise of its legislative discretion have concluded that this Allen Land
Development Code should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code is hereby amended by amending the articles, sections,
and subdivisions as set forth herein. New material in the text of the amended provisions of the Allen Land
Development Code is set forth in underline type; material deleted from the text of the amended provisions of
the Allen Land Development Code is set forth in strike -thin type.
"Section 4.08.21. '°CBD" Central Business District
1. Purpose. The Central Business District accommodates existing development, encourages compatible
future development, and provides for mixed uses. These mixed uses include, but are not limited to, retail
service, commercial, and housing needs required by the community and appropriate for permitted uses
identified in the Schedules of Principal Uses -Central Business District (Section 4.20.4) and the Schedule
of Accessory Uses -Central Business District (Section 4.20.5). The community shall have only one
contiguous Central Business District.
2. Subdistricts Created. Within the Central Business District, the following Subdistricts are established as
identified on Appendix J, CBD Map:
"CBD" - Mixed Use Residenfial/Retail: High density residential with first Boor retail and service uses.
"CBD" - Office: Office and accessory service use.
"CBD" - Office/Retail: A combination of office and retail uses and accessory uses thereto.
"CBD" — Self -Storage: Individual units available for lease for storage of personal property.
' "CBD" - Institutional: Public, private and religious institutional uses.
"CBD" - Institutional/Office: A combination of institutional and office uses.
"CBD" - Medical Office & Supply/Service: Low intensity medical offices and sales/service uses
associated with medical practice.
"CBD" - Transportation Corridor: Uses which support transportation and transit including parking and
fixed guide -way transit and trail systems.
Development within the Subdistricts shall comply with the height and area regulations shown in Section
4.15.4 Schedule of "CBD" Height and Area Regulations and the permitted principal and accessory uses
shown in Section 4.20.4 Schedule of Principal Uses -Central Business District and Section 4.20.5
Schedule of Accessory Uses -Central Business District of this Code.
3. Design Overlay Districts Established. Within the Central Business District, three Design Overlay
Districts are established as identified in Appendix K, Design Overlay District Map, which shall be
subject to the design and development requirements in Section 4.09 of this Code:
a. Design Overlay District 1. An Office/Retail district subject to design guidelines established in
Section 4.09.1. of this Code.
b. Desian Overlay District 2. An Office/Retail district subject to design guidelines established in
Section 4.09.2. of this Code.
c. Old Allen Historic Village. An Institutional district conforming to the standards and requirements of
the Old Allen Historic District Development Plan in Section 4.09.3 of this Code.
4. Supplemental Use Regulations
' a. Any existing residential structure converted to non-residential uses shall conform to the requirements
of the applicable regulations including the design requirements of any Design Overlay District;
provided however, any structure having documented historical or architectural significance may have
requirements for exterior finishes waived by the Director of Planning & Development if necessary to
preserve architectural integrity or historical authenticity.
b. Maximum density for multi -family units shall not exceed twenty-four (24) units per gross acre.
c. Accessory buildings shall be limited to one (1) detached accessory building, in addition to any garage
that is considered part of the residential structure, and shall be located no closer than fifteen (15) feet
to the main building. Accessory structures located in any Design Overlay District shall conform to
the requirements of Section 4.09 of this Code.
d. Parking. Where Office and/or Retail uses are located adjacent to public streets of eighty (80) feet of
rightof--way, or greater, streets along such frontage may be improved to City standards for on -street
parking to satisfy up to 50% of the required off-street parking requirements, except that:
i. such on -street parking spaces may not be used for employee parking, vehicle storage, or loading
and unloading facilities; and
ii. this provision does not apply to any designated collector, or any state highway.
' e. Prefabricated or modular structures shall not be allowed within any CBD Subdistrict, except as
otherwise provided.
f Q:de.....IIeq 4..11 he , 9 feet in width ..-...ept ..s eth..-wise _FeNided and die 0..._....._d 9MI be enly as
Ordinance No. 2069-6-02, Page 2
deep as neeassafy to pfeAde the fequiFed The minimum width of sidewalks shall be as
follows:
Cedar Drive (From McDermott Drive to St. Mary Drive) 12'-0"
Allen Drive
(From McDermott Drive to Ola Lane)
12'-0"
Belmont Drive
(From Allen Dr. to Austin Dr.)
5'-0"
Anna Drive
(From McDermott Dr. to Coats Dr.)
5'-0"
Bonham Drive
(From Main Street to Coats Dr.)
5'-0"
W. Coats from Allen Drive to Anna Drive (From Anna to Allen Drivel
5'-0"
McDermott Drive
(From US 75 to Greenville Ave.)
5'-0"
soared at intervals of 20 feet, located at least one foot back of curb.
g. A committee composed of one representative each from the Allen Heritage Guild, the Planning &
' Zoning Commission and the Allen Chamber of Commerce shall review site plans and building
elevations within Design Overlay Districts Nos. 1 and 2, and provide a recommendation to the
Director of Planning & Development.
4.09.1 Design Overlay District No. 1. In addition to the dimensional standards established in Section
4.15.4 of this Code, the following shall also apply:
X.I.1. r@F new no sidewelle 9MI be less than twelve feet in width.
2. Rees adjoeent to pubhe stfeets shall be planted in tFee wplk AfaAt less than 16 (4' x V) squffe feet-,
Canopies shall be required to extend four feet over the sidewalk;
42. Sidewalks shall be constructed of brick havers, set on a concrete base, with stamned concrete as an
alternate.
1-.-3. Required off-street parking shall be located to the rear of the building and accessed from rear alleys;
4.09.2 Design Overlay District No. 2. In addition to the dimensional standards established in Section
4.15.4 of this Code, the following shall also apply:
1. For new construction, a raised unenclosed front porch not less than eight feet in depth shall span the front
' of the structure. The porch shall have an elevation of not less than thirty inches (30"), which may extend
into the 20 -foot front yard setback Porches shall be equipped with railings constructed of wood not less
than 30 inches in height. Handicap access shall be provided by side or rear doors.
Ordinance No. 2069-6-02, Page 3
2. Required off-street parking shall be located to the rear of the building and shall be accessed from a rear
service drive or rear alley. In no event shall any required off-street parking be located within the front
yard of any lot.
3. All principal and accessory structures shall have a pitched mof of 8:12 equipped with gutters, and:
a. Exterior building finish shall be brick, wood siding or cement -based siding;
b. Window moldings shall be stained or painted wood. Metal window or doorframes are prohibited;
8. sidewallis five feet iftv"thh A.1, be le..ted vithin the sifeet fight ofway M,o feet fFam the pFBP
linti;
dc. New sidewalks shall be constructed of brick Pavers, set on a concrete base, with stamped concrete as
an alternate:
ed. All front yards shall be enclosed with picket fences 30 inches in height;
€e. For each lot, two shade trees, a minimum of 3" caliper measured at 4'6" in height, shall be planted,
within five feet of the front property line;
Street
510" Parkway
14, 5,_0"
W!
— Property Line
5'-0"
----------------
Street Tree Placement
gf. Overstory trees shall conform to City of Allen Land Development Code approved tree list in
Appendix „C ....
SECTION 2. 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 frill force and effect.
SECTION 3. 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 4. 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.
Ordinance No. 2069-6-02, Page 4
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall,
upon conviction, be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each
offense.
SECTION 6. 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, COLLIN
COUNTY, TEXAS, ON THIS THE 25r'a DAY OF JUNE, 2002.
APPROVED:
,2k Z2,77
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
�.c& J 44A�e-t -
Peter G. Smith, crrf ATTORNEY Judy M ison, CMC/AAE, CITY SECRETARY
Ordinance No. 2069-6-02. Page 5