O-1894-12-00ORDINANCE NO. 1894-12-00
' 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 4.08.21 AND SECTION 4.09 TO ESTABLISH
"CBD" CENTRAL BUSINESS DISTRICT ZONING REGULATIONS; BY
ESTABLISHING OVERLAY DISTRICTS IN THE CENTRAL BUSINESS DISTRICT
(CBD); BY ADDING SECTION 4.15.4 CBD HEIGHT AND AREA REGULATIONS;
BY ADDING SECTION 4.20.4 SCHEDULE OF PRINCIPAL USES; BY ADDING
SECTION 4.20.5 SCHEDULE OF ACCESSORY USES FOR CENTRAL BUSINESS
DISTRICT; BY AMENDING APPENDIX "A" DEFINITIONS; 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) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, 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, 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, as heretofore amended be amended in part by amending
Section 4.08.21 and Section 4.09 to read as follows:
"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 -Cental 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 I, CBD Map:
"CBD" - Mixed Use Residential/Retail: High density residential with first floor 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 J, 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. Design 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 and 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
parldng to satisfy up to 50% of the required off-street parlang requirements, except that:
i. such on -street parlcing 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.
Ordinance No. 1894-12-00 , Page 2
f Sidewalks shall be 12 feet in width, except as otherwise providcd, and the front yard shall be only as
' deep as necessary to provide the required sidewalk.
g. A committee composed of one representative each from the Allen Heritage Guild, the Planning and
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 and Development.
Section 4.09. Design Overlay District Standards.
1. Design Overlay District No. 1. In addition to the dimensional standards established in Section 4.15.3 of
this Code, the following shall also apply:
a. For new construction, no sidewalk shall he less than twelve feet in width.
b. Trees adjacent to public streets shall be planted in tree wells of not less than four square feet,
provided with adequate drainage, and spaced at intervals of 20 feet.
c. Canopies shall be required to extend four feet over the sidewalk.
d. Sidewalks shall be constructed of brick or concrete pavers, or patterned concrete.
e. Required off-street parking shall be located to the rear of the building and accessed from rear alleys.
' 2. Design Overlay District No. 2. In addition to the dimensional standards established in Section 4.15.3 of
this Code, the following shall also apply:
a. 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 thirty inches (30") in height. Handicap access shall be provided by side a rear
doors.
b. 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.
c. All principal and accessory structures shall have a pitched roof of 8:12 equipped with gutters.
d. Exterior building finish shall be beck, wood siding or cement -based siding.
e. Window moldings shall be stained or painted wood. Metal window or doorframes are prohibited.
f Sidewalks five feet in width shall be located within the street right-of-way two feet from the property
line.
g. New sidewalks shall be constructed of brick or concrete pavers or pattemed concrete
' h. All front yards shall be enclosed with picket fences 30 inches in height.
i. 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. Shade trees shall conform to City of Allen Land
Development Code approved tree list.
Ordinance No. 1894-12-00 , Page 3
3. Old Allen Historic Village. All structures placed in the Old Allen Historic District shall be bonafide
' historic structures constructed prior to 1925, and approved for placement by the Allen City Council. A
structure constructed after 1925 tray be considered for placement with certification that the structure is
free of asbestos. In order to be considered for placement in the district, the following information is
required:
a. Date of construction.
b. Original owner.
c. Name of architect and builder.
d. Documented chain of title from the date of construction.
e. Evidence of full release of all liens and encumbrances on the structure.
f. Narrative statement detailing history of the structure and uses.
g. Photographs documenting the exterior appearance of the structure.
Any structure accepted for placement in the Old Allen Historic Village shall be transferred and conveyed
to the city without lien cr any encumbrance by instrument approved by the City Attorney.
SECTION 2. The Allen Land Development Code is amended to add Section 4.15.4 Schedule of Central
Business District ("CBD') Height and Area Regulations as set forth in Exhibit "A" attached hereto and
' incorporated herein.
SECTION 3. The Allen Land Development Code is amended to add Section 4.20.4 Schedule of CBD -
Subdistrict Principal Uses and Section 4.20.5 Schedule of CBD -Subdistrict Accessory Uses as set forth in Exhibit
"B" and "C" respectively, attached hereto and incorporated herein.
SECTION 4. The Allen Land Development Code is amended in part to add to following definitions to Appendix
..A.._
• Food Service — the institutional or retail preparation, packaging, exporting or private labeling of fresh,
frozen, or refrigerated food products. Food service includes, but is not limited to, catering.
• Massage Themnv — the service of physical therapy performed by a licensed physical thempist.
• Microbrewery — An establishment where beer, ale, etc. is brewed and served in conjunction with food
service.
• Soecialty Food Store — Any store that carries health foods, whole foods, natural foods, ethnic
groceries or other specialty items."
SECTION 5. The Allen Land Development Code is amended in part to add Appendix I, CBD Map, and
Appendix 7, Design Overlay District Map, as set forth in Exhibits D and E, respectively, attached hereto and
' made a part hereof.
Ordinance No. 1894-12-00 , Page 4
SECTION & 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 7. 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.
SECTIONS. 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 9. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty provided by the Allen Land Development Code and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 10. 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 ordamed.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CLTY OF ALLEN, COL.LIN
COUNTY, TEXAS, ON THIS TBE 76 DAY OF DECEMBER 2000.
APPROVED:
E
(:": � & 6,off (: ,` � 41U.a/ , -
Peter G. Smith, CITY ATTORNEY JJndy Mo n, CMC/AAE, CITY SECRETARY
Ordinance No. 1894-12-00
Stephen Terrell, MAYOR
APPROVED AS TO FORM:
ATTEST:
E
(:": � & 6,off (: ,` � 41U.a/ , -
Peter G. Smith, CITY ATTORNEY JJndy Mo n, CMC/AAE, CITY SECRETARY
Ordinance No. 1894-12-00
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CITY OF ALLEN
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3 Ordinance No. 1894-12-00
Exhibit "D"
Central Business District Map �.
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ORDINANCE NO. 1894-12-00
EXHIBIT "D-1"
The following constitutes the legal description of the boundaries of the property described
in the attached ordinance as CBD - Office.
Beginning at the northeast comer of Central Expressway North and W. Main St.; thence
east 702.58 ft. to the intersection of W. Main Street and Bonham Drive; thence north on
Bonham Dr. 162.91 ft.; thence east along a line 709.35 ft.; thence north along a line 95 ft.;
thence easterly along a line 176.35 ft. to an intersection with Allen Dr.; thence north along
Allen Dr. 115.24 ft to the intersection of Allen Dr. and Boyd Dr.; thence westerly 431.03 ft.
to the intersection of Anna Dr. and Boyd St.; thence north 446.42 ft. along the centerline of
Anna Dr. to a point; thence west along a line 904.67 ft; thence south 759.88 ft. to the point
of beginning and containing 15.66± acres of land.
AL ONE
� PA O1
. PERRN AAM* C.
' ORDINANCE NO. 1894-12-00
EXH BIT "D-2"
The following constitutes the legal description of the boundaries of the property described
in the attached ordinance as CBD - Office.
Beginning at the center line of McDermott Dr. at the east boundary of Young Addition;
thence south along a line 395.75 ft. to a point; thence west along a line 756.38 ft. to a
point; thence north along a line 140.71 ft. to a point; thence west along a line 325.4 ft. to
a point; thence southwest along a line 284.16 ft. to a point; thence west along a line
219.86 ft. to a point; thence north along a line 520.96 ft. to a point; thence west along a
line 317.09 ft. to the centerline of Butler Dr.; thence north 467.44 ft. along the centerline
of Butler Dr. to a point thence east along a line 238.1 ft. to a point; thence south along
Austin Dr. 181.3 ft. to a point; thence east along McDermott Dr. 124.37 ft. to a point;
thence north along Austin Dr. 290.09 ft. to a point; thence east 151.82 ft. along Belmont
Dr. to a point; thence south along a line 309.31 ft. to the centerline of McDermott Dr.;
thence east 1,044.12 ft. along the centerline of McDermott Dr. to the point of beginning
and containing 16.89± acres of land.
ORDINANCE NO. 1894-12-00
' EXHIBIT "D-3"
The following constitutes the legal description of the boundaries of the property described
in the attached ordinance as CBD - Institutional.
Beginning at the northeast comer of Coats Dr. and Anna Dr.; thence east 341.97 ft. along
the centerline of Coats Dr.; thence south along a line 158.71 ft. to a point; thence west
along a line 48.83 ft. to a point; thence south along a line 167.43 ft. to the centerline of
Boyd Dr.; thence west along the centerline of Boyd Dr. 294.77 ft. to the intersection of
Anna Dr.; thence north along the centerline of Anna Dr. 433.71 ft. to the point of
beginning and containing 2.77± acres of land.
WOOD
COATS DRIVE
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N PROF SI NAIL CENTIER
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ORDINANCE NO. 1894-12-00
EXHtBTT "D4"
The following constitutes the legal description of the boundaries of the property described
in the attached ordinance as CBD - Institutional.
Beginning at the northeast comer of Century Pkwy. and McDermott Dr.; thence east
989.68 ft. along the centerline of McDermott Dr. to the intersection of Butler Dr.; thence
south 1,128.3 ft. along the centerline of Butler Dr. to a point; thence west 772.39 ft. along a
line to the centerline of Century Pkwy.; thence north 1,247.98 ft. along the centerline of
Century Pkwy. to the point of beginning and containing 24.53± acres of land.
���.
.= D"
AY ALLEN
........................
ALLEN CITY COMPLEX
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ORDINANCE NO. 1894-12-00
EXHIBIT "D-5"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Institutional.
Beginning at the centerline of Austin Dr. and Boyd Dr.; thence east along a line 1,126.61
ft. to a point; thence south along a line 356.69 ft. to a point; thence west along a line
349.85 ft. to the centerline of Cedar Dr.; thence south along the centerline of Cedar Dr.
635.14 ft. to the intersection of Cedar Dr. and McDermott Dr.; thence west along the
centerline of McDennott Dr. 632.41 ft.; thence north along a line 315.91 ft. to the
centerline of Behnont Dr.; thence west along the centerline of Behnont Dr. 147.62 ft. to
the intersection of Austin Dr.; thence north along the centerline of Austin Dr. 644.82 ft.
to the point of beginning and containing 19.4± acres of land.
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' ORDINANCE NO. 1894-12-00
EXHIBIT "D-6"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Office/Retail.
Beginning at the intersection of McDermott Dr. and Cedar Dr.; thence north along the
centerline of Cedar Dr. 644.13 ft. to the intersection of Cedar Dr. and Main St.; thence
east along the centerline of Main St. 1,285.51 ft. to the intersection of McDermott Dr.;
thence west 1,261.15 ft. along the centerline of McDermott Dr. to the point of beginning
and containing 10.64± acres of land.
SIOWE
1�(O POMR § ..I BROONSHRE'
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ORDINANCE NO. 1894-12-00
EXHIBIT "D-7"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Office/Retail.
Beginning at the intersection of McDermott Dr. and Bonham Dr.; thence east 1,002.57 ft.
along the centerline of McDermott Dr. to the intersection of Butler Dr.; thence north
169.53 ft. along the centerline of Butler Dr. to a point; thence east along a line 281.94 ft.
to the centerline of Austin Dr.; thence north along the centerline of Austin Dr. 835.51 ft.
to the intersection of Boyd Dr.; thence west 641.05 ft. along the centerline of Boyd Dr. to
the intersection of Allen Dr.; thence south 77.79 ft. along the centerline of Allen Dr. to a
point; thence west along a line 234.62 ft. to a point; thence south along a line 103.59 ft. to
a point; thence west along a line 653.62 ft. to the centerline of Bonham Dr.; thence south
along the centerline of Bonham Dr. 710.1 ft. to the point of beginning and containing
26.85± acres of land.
V!111
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ORDINANCE NO. 1894-12-00
' EXHIBIT "D-8"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Medical Office & Supply/Service.
Beginning at the intersection of Allen Dr. and Coats Dr.; thence west 188.59 ft. along the
centerline of Coats Drive; thence north along a line 1,525.86 ft. to a point; thence
southeast along a line 548.48 ft. to a point; thence east along a line 360.59 ft. to a point;
thence south along a line 521.11 ft. to a point; thence west along a line 316.82 ft. to the
centerline of Allen Dr.; thence south 687.29 ft. along the centerline of Allen Dr. to the
point of beginning and containing 13.37± acres of land.
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ORDINANCE NO. 1894-12-00
EXHIBIT "D-9"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — htstitutional/Offtce.
Beginning at the intersection of Boyd Dr. and Austin Dr.; thence west 793.17 ft. along
the centerline of Boyd Dr. to a point; thence north along a line 156.61 ft. to a point;
thence east along a line 52.2 ft. to a point; thence north along a line 169.67 ft. to a point;
thence east along a line 122.51 ft. the centerline of Allen Dr.; thence north 680.18 ft.
along the centerline of Allen Dr. to a point; thence east along a line 296.11 ft. to a point;
thence north along a line 533.04 ft. to a point; thence east along a line 413.29 ft. to a
point; thence south 1,319.92 ft. along the centerline of Austin Dr. to the intersection of
Coats Dr.; thence west 71.75 ft. along the centerline of Coats Dr. to a point; thence south
along a line 324.21 ft. to the point of beginning and containing 19.90± acres of land.
' N
ORDINANCE NO. 1894-12-00
EXHIBIT "D-10"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Institutional.
Beginning at the centerline of McDermott Dr. and Main St.; thence south along a line
281.09 ft. to a point; thence southeast along a line 213.32 ft. to a point; thence northwest
along a line 159.81 ft. to a point; thence west along a line 833.83 ft. to the east boundary
of Young Addition; thence north along a line 400.88 R. to the centerline of McDermott
Dr.; thence east 932.12 ft. along the centerline of McDermott Dr. to the point of
beginning and containing 8.5f acres of land.
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ORDINANCE NO. 1894-12-00
' ERIUBIT "D-11"
I
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Self -Storage.
Beginning at the centerline of Butler Dr., 63.96 ft. south of McDermott Dr.; thence east
along a line 275.61 ft. to a point; thence south along the boundary of the Southern Pacific
Railroad property 1,007.27 ft. to a point; thence north 934.25 ft. along the centerline of
Butler Dr. to the point of beginning and containing 3.22± acres of land.
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ORDINANCE NO. 1894-12-00
' EXIIIBTT "D-12"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Transportation Corridor.
Beginning at the intersection of McDermott Dr. and Austin Dr.; thence north 1,324.22 ft. to
the intersection of Coats Dr.; thence east along a line 77.84 ft. to a point; thence north along
a line 890.63 ft. to a point; thence east along a line 86.75 ft. to a point; thence south
2,200.48 ft. along the centerline of Ash Dr. to the intersection of McDermott Dr.; thence
west 248.9 ft. along the centerline of McDermott Dr. to the point of beginning and
containing 7.43± acres of land.
j
ORDINANCE NO. 1894-12-00
EXHIBIT "D-13"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Mixed uses Residential/Retail.
Beginning at the intersection of Main St. and McDermott Dr.; thence north along a line
1478.98 ft. to a point; thence northeast along a line 241.87 ft. to a point; thence north
along a line 576.63 ft. to a point; thence west along a line 82.04 ft. to a point; thence
northwest along a line 277.02 ft. to a point; thence southwest along a line 133.51 ft. to a
point; thence west along a line 1077.17 ft. to a point; thence south along the centerline of
Ash Dr. 1226.45 ft. to the intersection of Boyd Dr.; thence east along a line 1020.84 ft. to
a point; thence south along a line 397.19 ft. to the centerline of Main St.; thence east
along the centerline of Main St. 937.44 ft. to the point of beginning and containing 63.9±
acres of land.
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ORDINANCE NO. 1894-12-00
' EXIIIBIT "E-1"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Design District No. 1.
Beginning at the intersection of McDermott Dr. and Austin Dr.; thence north along the
centerline of Austin Dr. 453.9 ft. to a point; thence west along a line 663.42 ft. to the
centerline of Allen Dr.; thence north along the centerline of Allen Dr. 354.4 ft. to a point;
thence east along a line 653.97 ft. to the centerline of Austin Dr.; thence north along the
centerline of Austin Dr. 477.03 ft. to the intersection of Coats Dr.; thence east along a
line 72.92 ft. to a point; thence north along a line 904.4 ft. to a point.; thence east along a
line 86.87 ft. to the intersection of Ash Dr.; thence south along the centerline of Ash Dr.
2200.48 ft. to the intersection of McDermott Dr.; thence west along the centerline of
MCDernott Dr. 248.9 ft. to the point of beginning and containing 12.7± acres of land.
N
ORDINANCE NO. 1894-12-00
EXHIBIT "E-2"
The following constitutes the legal description of the boundaries of the property
described in the attached ordinance as CBD — Design District No. 2.
Beginning at the intersection of Belmont Dr. and Bonham Dr.; thence north along the
centerline of Bonham Dr. 244.28 ft. to the intersection of Main St.; thence west along the
centerline of Main St. 110.11 ft. to a point; thence north along a line 197.15 ft. to a point;
thence east along a line 743.36 ft. to a point; thence north along a line 174.16 ft. to the
centerline of Boyd Dr.; thence east along the centerline of Boyd Dr. to the point of
beginning and containing 14.66 acres of land.
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