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 4.06, "Changes and Amendments"
Summary of Changes: The current section is being amended to include an expiration date of two years for zoning applications to be consistent with Texas Local Government Code Section 245.005.
Sections 4.08.19, 4.15.1.1, 6.04.1.4, 6.06.9, 6.06.10, and 7.04.1.2
Summary of Changes: The aforementioned sections are being amended to change the word "church" to "religious facility" wherever such word appears.
Section 4.10, "Residential accessory use regulations"
Summary of Changes: The current section is being amended to remove building permit requirements for accessory structures less than 120 square feet and providing additional setback requirements for structures greater than 400 square feet or greater than 15 feet in height.
Article IV, "Zoning Regulations"
Summary of Changes: This Article of the Allen Land Development Code is being amended to add a new Section 4.11., "Commercial accessory use regulations." This new section will provide regulations for modular storage units, portable on demand storage containers, donation bins, and drop-off bins/trailers.
Section 4.15.1, "General height and area provisions"
Summary of Changes: This section is being amended to clarify setback requirements, particularly as they pertain to side yards that abut collector or other thoroughfares.
Section 4.15.2, "Schedule of residential height and area regulations"
Summary of Changes: This section was presented to Planning and Zoning Commission as a proposed amendment; however, the modification was minor in nature and has been omitted from the ordinance proposed herein.
Section 4.20.2, "Schedule of Principal Uses"
Summary of Changes: This section is being amended to remove the uses "Beer & Wine Package Sales," "Beer & Wine Package Sales With Greater Than 50% Revenue From Beer & Wine" because these uses are categorized as Retail Uses. The use, "Dance/Martial Arts Studios" is also being removed since it is redundant in the ALDC. Finally this section is being amended to change the use, "Church, Temple or Rectory" to read "Religious Facility."
Section 4.20.3., "Schedule of accessory uses,"
Summary of Changes: This section is being amended to remove the "Gymnastics/Dance Studio" use because it is redundant elsewhere in the ALDC. Also, the section is being amended to add a "Personal Service Business" use.
Section 4.20.4, "Schedule of principal uses—Central business district"
Summary of Changes: This section is being amended to change the word "Church" to read "Religious Facility." Additionally, a "Fitness and Health Center" use and "Personal Service Business" use are being added. Finally, the nomenclature for the "Restaurant/Private Club" use is being changed to read "Private Club."
Section 4.20.5, "Schedule of accessory uses - central business district"
Summary of Changes: This section is being amended by amending the use "Fitness and Health Center" to provide an additional regulation that the accessory use must be less than 5,000 square feet. Additionally, this section is being amended to add a "Personal Service Business" use.
Section 6.01.1, "Purpose of specific use permits"
Summary of Changes: This section is being amended to provide clarifying language whereby a specific use permit would constitute a zoning amendment / entitlement that runs with the land as opposed to a single user.
Section 6.03.6., "Restaurants with food and beverage certificates—Permit process"
Summary of Changes: There is a minor change proposed in this section to modify the "planning and development department" to read "community development department."
Section 6.03.8, "Beer and Wine Package Sales—Regulations"
Summary of Changes: This section is being repealed from the ALDC as it is regulated elsewhere in the ALDC and Code of Ordinances.
Section 6.03.9., "Beer and Wine Package Sales Permit Process"
Summary of Changes: This section is being repealed from the ALDC as it is regulated elsewhere in the ALDC and Code of Ordinances.
Section 6.04.1.4, "Types of temporary use permits"
Summary of Changes: This section is being amended to relocate language pertaining to medical uses from the "Seasonal sales" section to a separate new section. Additionally, this section is being amended to provide clarification regarding the parking lot sales as a "Temporary event."
Section 6.06.8, "Outdoor storage and display"
Summary of Changes: This section is being amended to provide clarification regarding the location of donation boxes, and to add a requirement that the location of a donation box must receive site plan approval.
Section 7.03.4., "Outdoor lighting"
Summary of Changes: This section is being amended to prohibit high pressure sodium lamp types and permit additional types of parking lot lighting elements.
Table 7.04.1 in Section 7.04.1. "Vehicle parking"
Summary of Changes: This section is being amended to change the nomenclature for "Church, Temple or Rectory" to read "Religious Facility."
Section 7.04.2., "Off-street loading"
Summary of Changes: This section is being amended by changing "SH 5" to read "Greenville Avenue" to correctly reflect this thoroughfare's removal from the State Highway system.
Section 7.07. "Fences and walls"
Summary of Changes: This section is being amended by deleting the reference to "Appendix F" since the appropriate language is in this section. Also, a minor change is proposed by modifying "wrought iron" to read "metal" to appropriately reflect the materials typically used in this application.
Section 7.08, "Performance standards"
Summary of Changes: This section is being amended to exclude typical equipment (e.g., HVAC equipment, pool equipment) from the noise standards, provided it is properly maintained and operating in accordance with manufacturer guidelines.
Section 8.03.3, "Preliminary plat"
Summary of Changes: This section is being amended to provide clarification regarding the labeling of Open Space lots on preliminary plats.
Section 8.03.4, "Final plat"
Summary of Changes: This section is being amended to provide clarification regarding the labeling of Open Space lots on final plats.
Section 8.11, "Street lights"
Summary of Changes: This section is being amended to modify regulations related to the types of lighting fixtures permitted and prohibit certain streetlight fixtures. Additionally, the amendments in this section include clarification related to design and installation regulations.
Appendix A, "Definitions"
Summary of Changes: This section is being amended by to remove the definitions for "Beer and Wine Package Sales," "Church, temple or rectory," "Dance/martial arts studio," "Gymnastics training center," and "Personal service," as they are either no longer applicable or redundant with other definitions elsewhere in the ALDC. Additionally, this section is amended to modify the definition of "Personal service business," and adding a new definition for "Religious facility."
Sections 6.06.2, 6.06.3, 6.06.8, 6.06.10. 6.06.11, 6.06.13, 6.06.14, 6.06.15
Summary of Changes: This section was amended by renumbering and/or reformatting the aforementioned sections without changing any text except as other stated in other summary sections of this communication.
Attached is a draft ordinance of the proposed amendments. The proposed amendments have gone through a review process with participation from the City Attorney as well as other City staff.
On July 20, 2021, the Planning and Zoning Commission voted in favor of this request.
LEGAL NOTICES
Newspaper Notice - June 24, 2021