The Allen Land Development Code (ALDC) is periodically amended to improve the effectiveness and efficiency of the Code, to address changing development trends and new technologies, and to make changes necessary for compliance with state and federal laws.

Proposed amendments include the following:

• Sec. 2.02. - Board of Adjustment.

• Summary of Changes: This section was rewritten in its entirety to ensure compliance with HB 2497. The majority of the changes addressed notification requirements and clarification of who has standing to appeal a decision by an administrative official. Much of the standards remained the same; however, the sections were reorganized for clarity and consistency with existing state statutes. The strikeout/underline attachment does not include this section as the reorganization of the language would not have been clear in that attachment.

• Sec. 4.20.2. - Schedule of Principal Uses.

• Summary of Changes: On May 24, 2019, Attorney General Ken Paxton issued Opinion No. KP-0252 that Texas municipalities do not have the authority to regulate firearm and ammunition sales through zoning and other regulations. Further, the opinion added that "an ordinance singling out firearm and ammunition sales relates to the transfer of firearms and is therefore prohibited." Based on this opinion and research of Section 229.001 of the Local Government Code, the proposed amendment removes the "Firearms Sales & Service" from the use chart. The companion amendment in Section 6.06.1 of the ALDC clarifies that Firearms Sales & Service is to be classified as a Retail use for the purposes of ALDC regulations.

• Sec. 6.05. - Site Plan Approval.
  • Summary of Changes: This section amends the approval procedures, requirements, and standards for site plan approval. There is language included in this amendment that provides further clarification that site plans are not to be regulated via HB 3167 in the same manner as plans that are part of the City's subdivision authority. While site plans are not regulated by HB 3167, many of the changes proposed here include plan requirements to be consistent among all of our comments issued to applicants.

• Sec. 6.06.1. - Special Zoning Provisions - Firearms and Explosives Sales and Service.
  • Summary of Changes: This item is a companion revision to Sec. 4.20.2 noted above. Included is language stating that the use is classified as a Retail use. Additionally, there is language removing the 1,000-foot buffer requirement from any school or church. As stated previously, the revisions in this section are a result of the opinion issued by Attorney General Paxton and staff's review of Section 229.001 of the Local Government Code.
• Sec. 6.06.11. - Special Zoning Provisions - Solar Panels.
  • Summary of Changes: The current ALDC language refers specifically to consistency with the 2015 International Building Code and International Fire Code. This amendment removes the explicit reference to the 2015 Codes and references the "current adopted" Codes to ensure the language is still applicable when the City periodically amends its Building and Fire Codes.
• Sec. 7.04.1. - Vehicle Parking.
  • Summary of Changes: This section amends a parking standard to ensure that a clear accessible path is maintained when parking directly abuts a pedestrian path/sidewalk. In the aforementioned instance, either curb stops are used to remove the conflict, or the adjacent sidewalk is widened to accommodate the potential of a vehicle overhanging into the sidewalk.
• Sec. 7.07 - Fence and Walls.
  • Summary of Changes: The existing ALDC language only requires walls/fences when adjacent to a single-family or two-family use. This amendment expands this requirement to also include applicable zoning districts for single-family or two-family uses, regardless if the use is currently constructed.
• Sec. 8.05. - Subdivision Standards.
  • Summary of Changes: This section includes the majority of changes being proposed with this amendment package. Changes are a result of HB 3167, and largely mandate a timely response to subdivision plans as well as explicit references to Codes/Statutes when commenting on plans prior to approval.
• Appendix A - Definitions.

• Summary of Changes: This change is to the definition for "Certificate of Compliance" to correct a Scrivener's error in the Local Government Code citation.

The proposed amendments have gone through a review process with participation from the City Attorney.

On August 20, 2019, the Planning and Zoning Commission recommended approval.

Staff recommends approval.

I make a motion to adopt Ordinance No. __________ amending the Allen Land Development Code.