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:
Section 1.11, "Lots Located in More than One Zoning District"
Summary of Changes: A new section will be added to the Allen Land Development Code (ALDC) that provides guidelines for properties that are "split-zoned" (i.e., one legal lot has two different zoning designations).
Section 4.06, "Changes and Amendments"
Summary of Changes: There are not any substantive changes proposed here; this section will be amended to provide clarification for zoning requests denied with and without prejudice. Explanations of denial with and without prejudice are now included to provide additional context for these potential City Council actions.
Section 4.20.2, "Schedule of Principal Uses;" Section 6.03.8, "Beer and Wine Package Sales—Regulations;" and Section 6.03.9, "Beer and Wine Package Sales Permit Process"
Summary of Changes: Beer and Wine Package Sales as a use have not been applicable for a number of years, as these are considered retail sales. These sections are being modified to reflect these prior changes.
Section 6.04.1.4, "Types of Temporary Use Permits"
Summary of Changes: A minor modification is proposed to this section to reflect the applicant for a temporary use permit should be the property owner and not the operator.
Section 6.05.3, "Site Plan Details"
Summary of Changes: A modification to this section is proposed for formatting of site plan requirements. Certain subsections were not indented properly.
Section 6.06.11, "Solar Panels"
Summary of Changes: This section is being proposed to be modified to only prohibit solar panels on roofs adjacent to the front of house, provided they are complementary in color. This would remove the prohibition from installing solar panels on roofs located adjacent to a side street on a corner lot.
Section 6.06.15 "Mobile Food Establishments"
Summary of Changes: This section includes a minor change to clarify that a temporary use permit rather than a vendor permit is required.
Section 7.03.3.3, "Refuse and Recycling Collection Enclosures"
Summary of Changes: This section is being proposed to be modified to ensure that both temporary/staging areas as well as permanent areas for dumpsters are screened in accordance with the ALDC.
Section 7.03.4.3.a, "Light Trespass"
Summary of Changes: This section is being proposed to be modified to allow for light trespass on contiguous nonresidential property (i.e., light can spill over between two adjacent commercial lots).
Section 7.04.1, "Vehicle Parking"
Summary of Changes: This section is being modified to provided additional provisions for dead-end parking. These provisions include a maximum length of 150-feet for this type of parking as well as providing a demarcated space to allow vehicles to safely turn around should no parking be available.
Section 8.02.4 "Administrative Approval of Certain Amending Plats, Minor Plats and Replats"
Summary of Changes: This section is being modified to correct a scrivener's error.
Section 8.03.3, "Preliminary Plat;" and Section 8.03.4, "Final Plat"
Summary of Changes: This section is being modified to provide a requirement that a note be added on Final Plats stating that the HOA shall be responsible for maintenance of common areas and open space. The maintenance responsibility already exists in the ALDC; this amendment simply requires a note on the face of the plat to this effect.
Section 8.05.7, "Median Cuts"
Summary of Changes: This section is being modified to require cross connectivity between adjacent sites on new development. This is in conformance with the Comprehensive Plan.
Appendix A, "Definitions"
Summary of Changes: This section is being modified to provide further clarification that the outdoor storage of vehicles intended for repair as part of an automotive use must be screened.
Attached is a draft ordinance of the proposed amendments. The proposed amendments have gone through a review process with participation from the City Attorney.
On May 19, 2020, the Planning and Zoning Commission recommended approval of the amendments with the modification that Section 6.06.8 "Outdoor Storage and Display" not be repealed as originally advertised. The Commission made this modification based on staff's recommendation. Section 6.06.8 "Outdoor Storage and Display" contains language that is necessary as it currently exists in the ALDC.
LEGAL NOTICES
Newspaper Notice - April 30, 2020