HomeMy WebLinkAboutO-1751-8-99ORDINANCE NO. 1751-8-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FROM AGRICULTURE -OPEN SPACE TO
PLANNED DEVELOPMENT DISTRICT FOR MULTI FAMILY RESIDENTIAL
USES BY APPROVING PLANNED DEVELOPMENT DISTRICT NO. 84, FOR
21.84 ACRES IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT
REGULATIONS, CONCEPT PLAN, BUILDING ELEVATIONS, ELEVATIONS
FOR EAST PROPERTY LINE, SITE SECTION AT EAST PROPERTY LINE AND
FENCE DETAIL, ATTACHED HERETO AS EXHIBITS `B," "C," "D," "E;' "F"
AND "G" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
' WHEREAS, the Planning and Zoning Commission of the City of Allen, and the govemong body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 m the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Zoning Ordinance
No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of
Allen, Texas, be amended by granting a change in zoning for Agriculture -Open Space (AO) to Planned
Development for Multi -family Residential uses by approving Planned Development No. 84, for the following -
described tract of land: 21.84 acres in the McBain Jamison Survey, Abstract No. 491, Collin County, Texas,
and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the Development
Regulations, with the Concept Plan, the Building Elevations, Revised Elevations For East Property Line, Site
Section at East Property Line and Fence Detail, attached hereto as Exhibits "B," "C," "D," "E," "F" And
"G" respectively, are hereby approved, and made pan thereof for all purposes.
SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
' SECTION 4. That 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.
SECTIONS. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
' ordinance, or of the Comprehensive Zoning Ordinance, 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
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 S. That 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 19TH DAY OF AUGUST, 1999.
APPROVED:
1 Step MAYOR
APPROVED AS TO FORM: ATTEST:
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Peter G. Smith, CITY ATTORNEY J Mo ' n, CMC, CITY SECRETARY
Ordinance No. 1751-8-99 Paget
BEING a tract of land situated in the McBane Jamison Survey, Abstract No. 491, in the City of
Allen, Collin County, Texas, and being all of Tract C and D as described in deed to Barbara M.
Kendal recorded in Clerk's Fib No. 95-0076914, and being a part of that same tract of land as
described in deed to Thomas K. Lyndon recorded in Volume 595, Page 649 of the Deed
Retards of Collin County, Texas (DRCCT), and being a part of that same tract of land as
described in deed to Demni and Barbara J. Mixon recorded in Volume 607, Page 422 DRCCT,
and being more particularly described as follows:
BEGINNING at Texas Highway Department aluminum monument found at the intersection of
the east line of State Highway No. 5 (110 foot right-of-way) with the south line of Ridgemont
Drive (60 foot right-af-way), said point being the northwest comer of Collin Square, Phase 2,
an addition to the City of Allen, Texas. according to the plat thereof recorded in Cabinet 0,
Page 70 and 71 of the Map Records of Collin County, Texas (MRCC1);
THENCE S 02'47'48" W, departing the east line of said State Highway No. 5, the south line of
said Ridgemont Drive and the west line of said Collin Square, Phase 2, 880.96 feet to a 518.
inch tron rod found;
THENCE S 02.36'40" W, 418.62 feet to a one -inch iron pipe found at the northeast comer of
said Lyndon tract;
THENCE S 02'58'36' W, along the east line of said Lyndon tract, at 313.49 feet passing the
southeast comer of said Lyndon tract. same being the northeast corner of said Mixon tract,
continuing along the east line of said Mixon tract, in all a distance of 535.28 feet to the
northeast comer of a tract of land as described in deed to Sumeer, Inc. recorded under Clerk's
Fite No. 93-0075189 DRCCT;
THENCE N 86'30'54" W, along the north We of said Sumeer tract, at 325.80 feet passing the
northwest comer of said Surneer tract, same being the northeast comer of a tract of land as
described in deed to Sumeir, Inc. recorded under Clerks File No. 93-0075188 DRCCT,
continuing along the north line of said Sumeer tract, at 649.26 feet passing the northwest
comer of said Sumeer tract, same being the northeast comer of a tract of land as described in
deed to Dennis J. Koop recorded under Clerks File No. 93-0011394 DRCCT, continuing along
the north line of said Koop tracL at 662.23 feet passing the northwest comer of mid Koop
tract, same being the northeast comer of a tract of land as described in deed to GLV, Ltd.
recorded under Clerk's File No. 94-0043236 DRCCT, continuing along the north line of said
GLV tract, in all a distance of 1036.58 feet to a point in the east line of said State Highway No,
5,
THENCE northeasterly, along the east line of said State Highway No. 5 the following:
N 32'26'40" E, 252.87 feet to a Texas Highway Department aluminum monument
found,
N 32'24'50" E. 359.10 feet to a Texas Highway Department aluminum monument
found;
N 32'26'10" E, 448.72 feet to a Texas Highway Department aluminum monument
found,
EXHIBIT A
1 of 2
Ordinance No. 1751-8-99, Page 3
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5 88'26'42" E, 17.06 feet to a Texas Highway Department aluminum monument found,
N 32'3T33" E, 30.00 feet to a Texas Highway Department aluminum monument found.
N 86"31'56" W, 17.18 feel to a Texas Highway Department aluminum monument
found;
N 32'26'10' E. 1006.06 feet to the POINT of BEGINNING and containing 21.84 acres
of land.
EXHIBIT A
2of2
Ordinance No. 1751-8-99. Page 4
DEVELOPMENT REGULATIONS FOR
Multifamily on SHS, north of Chaparral Road
Revised August 10, 1999
A. General: The property shall be developed and used only in accordance with the Concept
Plan, Building Elevations, Revised Building Elevations for East Property Line, Site
Section at East Property Line, and Ornamental Fence Detail attached to and made a part
of this ordinance.
B. Base District: The property shall be developed and used only in accordance with the
"MF -18" Multifamily Residential District Regulations, except as modified herein:
1. Use Regulations: Property shall be used only for Multifamily Dwellings and
accessory buildings.
2. Number of Dwelling Units: There shall be a maximum of 304 dwelling units with
15.3 dwelling units per gross acre.
' 3. Height Regulations: No building located within one hundred fifty feet (150) of
SH 5 shall exceed thirty-six (36) feet and two (2) stories in height. The stories
and height of all other buildings shall be as shown on the attached Concept Plan.
4. Area Regulations:
(a) Front Yard - There shall be a front yard having a required depth of not less
than fifty (50) feet.
(b) Side Yard and Rear Yard - There shall be a side yard and rear yard
adjacent to Single Family Residential zoned property having a required
depth of not less than fifty (50) feet.
(c) East Property Line - The size of required yards adjacent to the east
property line of the property shall be in accordance with Exhibit "F".
5. Minimum Dwelling Size: The minimum floor area of any dwelling unit shall be
six hundred eighty (680) square feet, exclusive of garages, breezeways, and
porches, with an average size of not less than nine hundred twenty-five (925)
square feet. A maximum of 10% of the dwelling units shall be efficiency type
units.
6. Construction Standards:
' (a) hand and guard mils shall be painted metal.
EXHIBIT B
Page 1 of 3
Ordinance No. 1751-8-99, Page 5
(b) The finished grade along the east property line shall be five feet lower than
the existing grade so that all buildings constructed fronting or along the
east property line shall be located five (5) feet below the existing grade.
C. OOoen Space: Open space shall be provided at a minimum ratio of one acre per seventy-
five (75) dwelling units, with a minimum of 4.43 acres.
D. Deceleration Lane: A deceleration lane shall be constructed by the owner to serve the
main driveway of this development.
E. Parkin ¢:
1. One required parking space per each dwelling unit shall either be a garage or a
carport, with a minimum of 102 garages.
2. Carports shall be architecturally compatible with the main structures, and shall not
be located parallel to SH 5.
3. Parking areas shall not be located between any buildings (not including the
leasing office) and street right-of-way, unless setback a minimum of thirty (30)
' feet from the street right-of-way by a landscaped area with berms, trees and
shrubs screening the parking areas from view from the adjacent streets.
F. Screenin ening:
1. All mechanical, heating and air conditioning units shall be ground mounted and
screened from view by landscaping.
2. Satellite dishes and antennas shall be screened view from the perimeter of the
project.
3. Owner shall construct and maintain a perimeter fencing on the property line of the
entire property with all points of entry having an automatic limited access gate
system.
(a) Points of exit may have domestic exit devices only.
(b) Along the east property line, an eight (8) foot cement fiber (masonry)
screening wall shall be constructed in accordance with the Tree
Preservation requirements of the Comprehensive Zoning Ordimmce no
closer than ten (10) feet from the east property line; a rendering of the
fence shall be submitted at time of site plan approval.
EXHIBIT B
Page 2 of 3
Ordinance No. 1751-8-99, Page 6
' (c) Along SH 5, a wrought iron fence with brick columns spaced twenty-five
(25) feet apart, shall be constructed as illustrated in the Ornamental Fence
Detail, Exhibit G.
(d) Along the south property line, the ornamental fence, as illustrated in
Exhibit G but without the brick columns, shall be constructed and
enhanced with trees. A rendering of the fence shall be submitted at time
of site plan approval.
G. Tree Row Preservation: Along the eastern and southern property lines, a ten (10) foot
tree row preservation easement shall be dedicated at the time of plat approval, unless such
area is conveyed to the adjacent property owner(s). The owner shall clean and remove
trash and debris from such area prior to any conveyance. Trees within the easement shall
be preserved in accordance with the provisions of the Comprehensive Zoning Ordinance.
H. Clubhouse/Amenities: There shall be a community building, with a minimum of 3,750
square feet and a swimming pool, as indicated on the Concept Plan.
EXHIBIT B
Page 3 of 3
Ordinance No. 1751-g-99, Page 7
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