O-3861-9-21 ORDINANCE NO. 3861-9-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT "PD" NO. 134A
MIXED USE MIX ADOPTED BY ORDINANCE NO. 3761-7-20; PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY 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 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 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
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 Zoning Regulations and Zoning Map, of the City of Allen,
Texas,as previously amended,be further amended by amending the development and use regulations of Planned
Development "PD" No. 134A Mixed Use "MIX" as adopted and set forth in Exhibit "A" to Ordinance No..
3761-7-20(the"PD 134A Regulations")as follows:
A. Section 3 "Property Development Standards"of the PD 134A Regulations is amended as follows:
(1). Subparagraph b.ii.of Subsection E`Building Frontage Requirements,"Paragraph 1 "Minimum
Building Frontage"is amended to read as follows:
ii. Lots that have open space along a Primary or Secondary Street; and
(2) Paragraph l.a. of Subsection F"Block Length"is amended to read as follows:
a. 700 feet in the Tollway Character Districts;
B. Section 4 "Street Types and Transportation Network" of the PD 134A Regulations is amended by
adding Subsection F titled"Vehicular Access Points"to read as follows:
F. VEHICULAR ACCESS POINTS.
1. No on-street parking shall be permitted within 10 feet of the end of the radius of the
pavement of a driveway, service drive, loading zone, or other vehicular access point
connecting to a Primary or Secondary Street.
2. Trees may be planted within 10 feet of the end of the radius of the driveway, service or
loading zone pavement only, if the canopy does not create a visual obstruction to
vehicles entering and exiting the intersecting street at a height of less than seven feet.
C. Section 6"Building Design Standards"of the PD 134A Regulations is amended as follows:
(1) Paragraph 4 of Subsection A"Building Orientation"is amended to read as follows:
4. Secondary and service entrances may be located from Secondary Streets, internal
parking areas or alleys,or,if no Secondary Streets adjoins the lot,from Primary Streets,
provided such entrances are screened from view from the adjacent street or alley.
(2) Paragraph 3 of Subsection B "Design of Parking Structures"is amended to read as follows:
3. Except for ramps at the entrances of parking garages or as otherwise provided herein,
a long dimension of parking garages (length) shall not face any Primary Street;
provided, however, the shorter dimension (width) and entrances to parking structures
and ramps may be located on Primary Streets if designed to comply with requirements
listed in this Section 6.B.3 and such width and entrances shall satisfy the frontage
requirements. Notwithstanding the prior sentence, a parking garage located in the
Central District may be developed with the long dimension(s) of the parking garage
facing a Primary Street if:
a. the lot on which the parking garage is located faces only one Primary Street,
one or more lots with a minimum width of 100 feet are located between the
parking garage and the Primary Street;provided,however,the ultimate design
of a habitable building(s) on such lot may allow for a drive entry to provide
ingress and egress to the parking garage through or between such building(s)
so long as the width of such entry does not exceed the width of the sides of the
parking garage perpendicular to the Primary Street; and
b. the lot on which the parking garage is located faces two Primary Streets,
development of one long side of the parking garage is developed in compliance
with Paragraph 3.a., above, and the opposite side is developed with a
landscaped open space along the entire facade length of the Parking Garage
(not including areas occupied by public sidewalks and driveways and
walkways leading from the adjacent Primary Street to the Parking Garage),
which open space area shall be not less than 35 feet deep measured from the
back of the curb of the adjacent Primary Street.
For purposes of clarification, the figure below depicts an example of the required
development of a parking garage located between two Primary Streets within the Central
.District where the long sides runapproximately parallel to and face the Primary Streets.
Ordinance No.3861-9-21,Page 2
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(3) Subsection F"Windows and Doors"is amended to read as follows:
F. WINDOWS AND DOORS
1. The "Primary Façade" for purposes of this Section 6.F. shall be the façade
that faces a Primary Street or is considered to be the main entrance or the
front of the building.
2. The required first floor windows along a primary storefront façade.of a
building on any street or along any façade facing a Primary or Secondary
Street shall not be opaque,heavily tinted or mirrored glass.
3. Except as noted in Paragraph 4,below,the ground floor Primary Facade of
multi-story nonresidential buildings and residential buildings in which the
ground floor is a nonresidential use shall have doors/windows(not opaque,
heavily tinted or mirrored) covering no less than 60% of such Primary
Facade. Exterior wall openings may also be included in the area of
doors/windows provided such openings have walls on both sides and an
overhead wall or roof structure. If the building is located in the Central
District and includes an open area connecting to an outdoor dining area at
the Primary Façade, the area of windows/openings may be reduced to not
less than 30% of such Primary Façade including any single-story portions..
Each upper floor of the Primary Facade shall contain windows covering at
least 30% of the façade area.
All other street facing facades (not including façades facing alleys which
have no minimum percentage of doors and windows) shall have doors and
windows covering not less than 15% of the façade area for all floors.
Ordinance No.3861-9-21,Page 3
4. For all single-story buildings in the Central District, the height of the
exterior wall for calculation purposes shall be limited to no more than 12
feet in height. Primary Façades shall have doors/windows (not opaque,
heavily tinted or mirrored)covering not less than 50%of the first-floor wall
area. Exterior wall openings may also be included in the area of
' doors/windows provided such openings have walls on both sides and an
overhead wall or roof structure. All wall areas for the remaining street
facing façades(not including facades facing alleys which have no minimum
percentage of windows)shall have doors and windows(not opaque,heavily
tinted or mirrored) covering not less than 15% of the facade. For purposes
of this Paragraph 4, open passageways that open into the courtyard or
exterior open space from the building exterior shall also count as window
and door areas.
(4) Paragraph 3 "Internal Access"of Subsection H"Urban Residential Building Standards"is
amended to read as follows:
3. Internal Access. All interior corridors shall be climate-controlled with all
dwelling units being accessible through an interior climate-controlled corridor,
except for the following conditions:
a. Individual units designed along a street with access to a sidewalk such as
a"stoop"design; or
b. Individual units that are vertically integrated in a mixed-use building with
a maximum of 30 units in the mixed-use building.
(5) Sub Subsection I "Townhome Design Standards" is amended by adding Paragraph 6 to
read as follows:
6. Fencing or low walls, not exceeding 4 feet in height, shall be permitted in the
front yards of townhomes.
D. Section 7"Streetscape Standards"of the PD 134A Regulations is amended as follows:
(1) Paragraph 2 of Subsection C"Street Trees"is amended to read as follows:
2. Except for street trees planted within curb extensions,no fewer than one shade
tree for every 40 feet of street frontage, or portion thereof, shall be planted
within the Pedestrian Amenity Zone.Flexibility on the spacing and location of
street trees within the Pedestrian Amenity Zone will be permitted provided the
number of trees is not less than the number of trees that would otherwise be
required with the typical spacing herein.
(2) Paragraph 6 of Subsection C"Street Trees"is amended to read as follows:
6. Tree wells shall be irrigated in accordance with the City of Allen Water
Conservation Code and include a subsurface drainage system. Root barrier
shall be installed on street and sidewalk sides of tree wells.
(3) Subsection F"Lighting"is amended to read as follows:
Ordinance No.3861-9-21,Page 4
F. LIGHTING
1. Streetlight fixtures shall be installed along both sides of all streets at a
spacing of approximately 80 feet on center. ,
2. Light fixture mounting heights shall be no more than 20 feet above
grade with the overall pole height no more than 26 feet above grade.
Pole color shall be black, brown, forest green, gray, or other neutral
color designed to be complementary to the overall design aesthetic of
the development.
3. Light fixtures shall be fully shielded.
4. Light fixtures shall be in general conformance with the photo below,
which indicates the style and appearance of the light fixtures and poles.
Alternate fixtures will be permitted provided the overall appearance of
the fixture and poles remains the same.
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5. Light distribution is allowed to extend across internal lot lines on the
Property.
SECTION 2. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance,the provisions of this Ordinance shall be controlling.
SECTION 3. Should any word, sentence,paragraph, subdivision,clause,phrase, or section of this Ordinance,
or of the Allen Land Development Code Zoning Regulations, 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 Code Zoning Regulations, as amended hereby, which 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 Allen Land Development Code Zoning Regulations,as amended,in effect when the offense
was committed, and the former law is continued in effect for this purpose.
SECTION 5.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 Allen Land Development Code Zoning Regulations 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 6. 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.3861-9-21,Page 5
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 28TH DAY OF SEPTEMBER 2021.
APPR fZifrD:
/
K nneth M.Fulk, AYOR
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APPROVED AS T6FORM: ATTEST:
,
ky.,Peter G. Smith,CITY ATTORNEY Shelley B.George,''I'I2MC,CITY SECRETARY
(kb1:8/26/2021:123744)
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Ordinance No.3861-9.21,Page 6