O-2425-7-05ORDINANCE NO. 2425-7-05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING ARTICLE IV ZONING REGULATIONS, SECTION 4.08.17 "PD'
PLANNED DEVELOPMENT DISTRICT, SECTION 4.20.2 SCHEDULE OF
PRINCIPAL USES; ARTICLE VH ZONING DEVELOPMENT STANDARDS,
SECTION 7.053 TREE PLANTING REQUIREMENTS FOR NEW SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT (ATTACHED AND DETACHED),
SECTION 7.06.6 FENCE ROW TREE PRESERVATION, SECTION 7.07.4 FENCES
& WALLS, SECTION 7.09 SIGN REGULATIONS; AND ARTICLE VIII
SUBDIVISION REGULATIONS, SECTION 8.05.1 STREET DESIGN STANDARDS,
SECTION 8.06 LOT DESIGN; PROVIDING A SEVERABII.ITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS (52,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Allen, Tesas,
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 fav 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 in part by amending sections as set
forth below.
"ARTICLE IV
ZONING REGULATIONS
Section 4.08.17 "PD" Planned Development District.
4. Planned Development Requirements
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 must 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 Code shall be stated in the ordinance. The Planned Development District
shall conform to all other sections of the ordinance unless expressly provided otherwise in the
granting ordinance.
b. Development Regulations. tions. 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 parking 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. 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.
L 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.
(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, floodplain 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, fence row trees
and/or proposed mitigation of same, 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.
For residential development 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.
Building elevations shall be required except for single-family detached structures.
(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,
floodplain areas, generalized locations of treed areas, the land uses, gross acreage for each
use, building sites or lots, building elevations, 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, fence row trees and/or proposed mitigation of same, 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.
ii. Amendment to Concept Plan. An amendment to a Concept 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 4.06, except the Director
of Planning and Development 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 Concept Plan.
d. Compliance. All development and construction shall conform to the approved Concept Plan. Before
a Certificate of Occupancy can be granted, all development regulations and provisions of the Concept
Plan must be adequately addressed.
Ordinance No. 2425-7-05, Page 2
Section 4.20.2 — Schedule of Principal Uses
RESIDENTIAL USES
TYPE OF USE
NON-RESIDENTIAL DISTRICTS
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OPEN STORAGE
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ARTICLE VII
ZONING DEVELOPMENT STANDARDS
Section 7.053. Tree Planting Requirements for New Single-family Residential Development (Attached
and Detached).
These standards shall apply to all new attached and detached single family residential developments and to
any area within a planned development district containing less restrictive landscaping standards:
1. Two (2) shade trees shall be planted for each dwelling unit
2. All required trees shall be planted prior to request for final building inspection of the dwelling unit.
' 3. Landscape Buffer Planting Requirements:
a. Where screening walls are required by Section 7.07.4, the following requirements shall be applied:
i. One (1) shade tree and one (1) ornamental tree shall be required for every 40 feet of street
frontage or portion thereof.
Section 7.06.6. Fence Row Tree Preservation.
1. The Owner shall preserve all Fence Row Trees in a residential development by providing a 15 -foot
protected area centered seven and one-half feet on each side of the centerline of the Fe soe Row Trees,
except that Fence Row Trees may be removed and mitigated if approved by the City. Proposed Fence
Row Trees removed or mitigated must be identified on any plan presented to the City for approval.
Section 7.07. Fences & Walls.
' 4, a. A screening wall must be eight (g) feet in height and composed of masonry.
e.
ix. An alternative to these provisions may be allowed by the Planning & Zoning Commission but
would be limited to wrought iron (or aluminum) with masonry columns, board on board fencing
Ordinance No. 2425-7-05, Page 3
1
with masonry columns at a maximum of 100 -foot spacing, with a mow strip and allowing no
ground contact for nonmasonry materials, landscaping and berming, or a combination thereof.
Requests for alternates must be accompanied by supporting elevations and diagrams. Requests
for alternates not listed herein will require City Council approval, after a positive
recommendation by the Planning & Zoning Commission.
Section 7.09.4. Prohibited Signs.
9. Any Message Center displaying any information except time and temperature, except as allowed in Table
7.23.
17. Any sign not specifically permitted by this ordinance.
Section 7.09.6. Reserved.
Ordinance No. 2425-7-05, Page 4
1
PERMANENT SIGNS
Table 7.23
Ordinance No. 2425-7-05, Page 5
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SIGN TYPE
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Additional Provisions
Zoning District
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Orepremises - Attached (Wall)
Multi -family
n/a
40
We
1'
n/a
Na
Y
• Per street frontage either
attached to a screening wall or
Institutional
8
32
Na
2'
We
niN
freestanding
Office and Offce/Teoh
Na
25•
We
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n/a
Na
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* Three (3) additional sq. feet for
(structures 20 ft. hei ht
everyof in height > 20
Office and Office/Tech
8
16
Na
Na
n/a
Na
Y
Either attached to a screening wall
Accessary
or freestanding
Industrial
Na
Na
1'
n/a
Na
Y
• Five Percent (5%) Facade Area
Retail/Commercial
Na
n/an/a
n/a
y
•Facade x 1.5
"Limited to allowed square footage
On -premises - Free-standing (Detached) - Monument
Multi -family Complex
6
30
45
1'
60
8
Y
'One per street frontage
Identification
Office and OfficelTech
6
30
45
1'
60
8
Y
' One per major building
RetaiVComm MulB-tenant > 10
15
150
250
1
60
8
Y
Additional (Secondary) sign
acres Prima
allowed Mr tracts > 15 acres on
Retail/Comm Multi -tenant> 15
8
75
90
1
60
8
Y
same premises
acres Secunda
Retail/Comm Multi -tenant 5
12
100
150
1
60
8
Y
acres to 15 acres
Retail/Comm Mufti -tenant
8
80
110
1
60
8
Y
>2.1 <5 acres
Retail/Comm Multi -tenant <2
8
60
90
1
60
8
Y
acres
Directional
2.5
8
We
Na
8•
8
Y
Menu Boards
6
24
1
1
8
10
Institutional
8
60
90
1•
Na
8
-One per major building
Retail/Comm Single tenant
8
60
90
1
60
8
Lymajor
Industrial Single Tenant
a
60
90
1•
60
g
building -1 addl Mr
> 10 acres
Onepremises - Fn3eatanding (Detache
Multi -family Complex
6
30
45
i'
60
8
Y
'One per street frontage
Identification -monument
Insttutional-monument
8
60
90
1
Na
8
Y
Office and Office/Tech-
6
30
45
1'
60
8
Y
- One per major building
monument
Industrial Single Tenant-
1'
6o
8
y
• One per major building -1 addl
monument
8
60
90
for tracts > 10 acres
Retail/Comm Single tenant -pole
20
60
n/a
1
60
8
Y
Retail/Comm Mufti-tenanl<5
20
60
n/a
1
60
8
Y
acres -pole
Retail/Comm Mufti-tenant>5< 15
30
150
n/a
1
60
8
Y
acres -pole
'Additional (Secondary) sign
allowed for tracts > 15 acres on
Reta l/Comm Multi -tenant> 15
acres
8
60
We
60
8
Y
same premises
(Secondary) -monument
Ordinance No. 2425-7-05, Page 5
I
ARTICLE VIII
SUBDIVISION REGULATIONS
8.05.1. Street Design Standards.
1. c. Single -loaded streets shall be required adjacent to public greenbelts and city parks.
8.06. Lot Design.
1. Lot arrangement.
All lots shall have frontage on a dedicated public street or public way. Driveway access shall he provided
to buildings on the lots from an improved street, alley, or public way.
a. Comer Lots.
Ordinance No. 2425-7-05, Page 6
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SIGN TYPE
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Additional Provisions
Zoning District
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.60 feet from nearest Freestanding
All Districts:
Sign and 120 feel from nearest
US 75 Gas, Food & Lodging
40"
150
me
1
60'
S
y
pole sign; "measured from
Pole
property, adjacent service road, or
principal lanes of freeway, adjacent
to sign location
,Miscellaneous Signs (All zoning districts(
Occupational Signs
Na
3
rue
1'
n/a
n/a
N
' For each occupation
Memorial Signs or Tablets, Civic
Na
2
Na
Na
Na
N
Group Signs
Name Plates
Na
1
Na
1
Na
Na
N
Allowed on subdivision screening
walls which are located in wall
easements and maintained by a
Homeowners Association; no limit
Subdivision Identification Sign
60
We
2
Na
Na
Y
on structure area; 60 s.f. allowed
for copy, subdivision name only, no
builder or developer advertising;
indirect illumination only -not
allowed to shine in drivers' eyes;
Security Signs
Na
1
Na
1
Na
We
N
Message Center Signs
Na
NaNa
2
Na
Na
y
Allowed as wall signs only; must
not be visible from a public street
Protective Signs
Na
2
Na
varies
Na
Na
N
we
Not
Amicable
ARTICLE VIII
SUBDIVISION REGULATIONS
8.05.1. Street Design Standards.
1. c. Single -loaded streets shall be required adjacent to public greenbelts and city parks.
8.06. Lot Design.
1. Lot arrangement.
All lots shall have frontage on a dedicated public street or public way. Driveway access shall he provided
to buildings on the lots from an improved street, alley, or public way.
a. Comer Lots.
Ordinance No. 2425-7-05, Page 6
I
1
v. A 5 -foot by 5 -foot comer clip at all alley and street intersections shall be provided.
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 full 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.
SECTION 5. Any person, firm or corporation violating any of the provisions or terns of this ordinance
shall be subject to the same penalty as provided for in the Allen Land Development Code, 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 atter 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 20 DAY OF JULY, 2005.
APPROVED AS TO FORM:
Peter G. Smith, CITV ATTORNEY
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo TRMC, SECRETARY
Ordinance No. 2425-7-05, Page 7