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Home My WebLink AboutO-1732-6-99WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing 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 in 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, as previously amended, be amended by amending Planned Development No. 46 (PD -No. 46), Ordinance No. 802-8-87 in pact to grant a change in zoning for Tracts 2, 3, 4, and 5 from "PD' Planned Development for "GO" Garden Office District, "MF" Multifamily Residential District, and "CF" Community Facilities District Uses to "PD" Planned Development for "CF" Community Facilities District for the following -described tract of land: 17.6 acres in the William Perrin Survey, Abstract No 708, and the George W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, and being further described in Exhibit "H" attached hereto and made a part hereof for all purposes. ' SECTION 2. The property shall be developed and used only in accordance with the Development Regulations, Concept Plan, and the Landscape/Screening Plan attached hereto as Exhibits "I", "I", and "K", respectively, and made part hereof for all purposes. ORDINANCE NO. 1732-6-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 46 (PD No.46), ORDINANCE NO. 802-8-87, IN PART TO GRANT A CHANGE IN ZONING FOR TRACTS 2, 3, 4, AND 5 FROM "PD" PLANNED DEVELOPMENT FOR "GO" GARDEN OFFICE DISTRICT, "MF" MULTIFAMILY RESIDENTIAL DISTRICT, AND "CF" COMMUNITY FACILITIES DISTRICT USES TO "PD" PLANNED DEVELOPMENT FOR "CF" COMMUNITY FACILITIES DISTRICT FOR 17.6 ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO 708, AND THE GEORGE W. FORD SURVEY, ABSTRACT NO. 328, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "H" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS, CONCEPT PLAN, AND A LANDSCAPE/SCREENING PLAN ATTACHED HERETO AS EXHIBITS `7" "3" AND "K", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILrFY 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 governing 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 in 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, as previously amended, be amended by amending Planned Development No. 46 (PD -No. 46), Ordinance No. 802-8-87 in pact to grant a change in zoning for Tracts 2, 3, 4, and 5 from "PD' Planned Development for "GO" Garden Office District, "MF" Multifamily Residential District, and "CF" Community Facilities District Uses to "PD" Planned Development for "CF" Community Facilities District for the following -described tract of land: 17.6 acres in the William Perrin Survey, Abstract No 708, and the George W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, and being further described in Exhibit "H" attached hereto and made a part hereof for all purposes. ' SECTION 2. The property shall be developed and used only in accordance with the Development Regulations, Concept Plan, and the Landscape/Screening Plan attached hereto as Exhibits "I", "I", and "K", respectively, and made part hereof for all purposes. 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. SECTION 5. 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 8. 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 3" DAY OF JUNE, 1999, APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: P . Smith, CITYATTORNEY J y Mo n, CMC, CITY SECRETARY Ordinance No. 1732-6-99 Page 2 E I Legal Description 17.6 Acre Tract DESCRIPTION A tract of Iar,d situated In Collin County, Toxom and tieing Lot 3 of Block A In the Deer Crest Addltlon to the City of .Mien, Texoe. ae filed far record In Cabinet G at Page 267 of the Plot R000rds of Collin County, Texas ond tieing more partloulory deecrtlrW by melee and boar,de Oe fdbwe: Commencing at a 1/7' Iron rod found an the East right -of -ray line of State High,roy No. 5 (55 feet Tram the centerline thereof) for the Southwest corner of the ►first Presbyterian Church of Allen addition ag filed for reet cord In CabinC at Page 560 of the Plot Records of Collin County, Texas, from ehlch a 1/7' Iron rad found for the Soi/thod t corner of sold Flret Pm.byterion Church of Allen addition bears 5 6739'00' E. 661.29 feet (Record: 1181.48 feet); Thence s 30'38'45 w (Rewrd: s 3037'37'wq, adjolnl2 a" adjacent to the West if" of the Opay.-mentioned Deer OlAadiUon and the aforernentloned East right-of-way line. o dletonee of 101.45 fort to 0 1/Z iron rod elth cap roomed RPLS /4967' vet for the Nertheeel comer of Bald lot 3 and the POINT OF BEGINNING of the tract of land herein described; Thence contimm.y S 31738'45 W, oloNr+q. cajoininq and adjacent to solo West line W Deer Crest Addition and the East aforementior»d Eoet right-of-way line, a distance of 669.66 feet (Record: 669.484) to 0 1' iron rod found for tho Southwest comer tyof sold Lot T... Ind n . Worronty Deed filed Tec record mat ocre tract ofCounty Clef*'. IlnetrumMSO No. 92-00a5175 of 1on• In the Deed Record. of Cal County. Texas. Thence 5 67'32'08` E, along, adjoining and adjacent to the South line of said Deer Creel AOditian and the North live of said 0.658 acry tract. a distance M 1 336.84 foot (Record: 1.336.30 feet) to 0 1/7 iron rod with cap marked RPLS /496]7' eat for the Southeast comes d said Lot 3 in the Wo.t rght-of-wdy line of Juplter Road (b feet from the csaterllM thereof); Thence alorq, odjdninq and adjacent to acid weet rigor-of-ew If. and Eaet fin. of said Lot 3: N 24'05'01 G a dhtana of 506.02 Net to a 1/7' iron rad with cap nr r ad 'RP" /4967- eel as a replacement Tar o found disturbed 1' iron rod; N 2851'27- E• a distance of 133.27 feet to a 1/7' Iron rod elth cap `narked �RPLS /4967' of for the common East corner of Late 2 and 3 of said Door Crest AOOitlon: Thence N B736'ler W, t dp.~9 and adj..t to the common fine of said lots 2 and 3. o dletonc'e of 1.261.8] feet to the print o7- b.glnning. EXHIBIT H PLANNED DEVELOPMENT REGULATIONS ALLEN CHURCH of CHRIST Revised May 24, 1999 A. Concept Plan: The property shall be developed generally in accordance with the Concept Plan attached to the Ordinance. B. Base Zoning District: This tract shall be developed and used only in accordance with the "CF" Community Facilities District regulations except as modified herein: 1. Height Regulations - No building shall exceed 40 -feet in height, except that buildings may be a maximum of 80 -feet in height if setback from residential area a minimum of two feet for every one foot in height over 40 -feet (except separate bell towers for use with a religious facility). 2. 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 - There shall be a side yard on each side of the lot having a width of not less than twenty-five (25) feet, except that all buildings exceeding 25 -feet in height shall be setback a minimum of 100 -feet from residential areas. (c) Rear Yazd - There shall be a rear yard having a required depth of not less than twenty-five (25) feet, except that all buildings exceeding 25 -feet in height shall be setback a minimum of 100- feet 00.feet from residential areas. C. Prestige Circle: 1. At the time of platting this property, the right-of-way needed for the extension of Prestige Circle as a 60 -foot collector street from SH 5 to Jupiter Road shall be dedicated. 2. Prestige Circle shall be designed in accordance with the attached Concept Plan, which will meet the minimum A.A.S.H.T.O. Traffic Standards, as certified by Angus Chin, P.E., DeShazo, Tang & Associates, and approved by the City Engineer. 3. The landowner shall be responsible for a pro -rata share of the funding of construction of this collector street, based on the acreage of the original PD. A facilities agreement shall be entered into prior to platting the ' property which addresses the construction of Prestige Circle. EXHIBIT I Ordinance No. 1732-6-99 Development Standards Allen Church of Christ Page 2 ' May 24, 1999 D. Landscaping: 1. A landscaped area will be constructed along the south side of the property and the residential development as illustrated in Exhibit "L". This landscaped area will consist of a 42 -inch high grass berm (with a minimum slope of 1 -foot rise for 3 -foot of run) with a minimum width of ten (10) feet. The intent is to effectively shield automobile headlights from shining into the residential area. Along this berm, 3 -inch caliper Overstory Shade Trees (as defined in the Landscape requirements of the Comprehensive Zoning Ordinance) shall be planted twenty (20) feet on center. 2. A vehicular deterrent on the south property line, which is not bounded by berm or parking lot, will be constructed. I EXHIBIT I Ordinance No. 17326-99 TFSby , Tang & Associates, Inc Rngua ,, * Plannen 0005a nwam. Ju 3" D.ae.r 752U24r99 214O43b740 . FA 214n"-7037 anvil: A.in{? vamore May ll, 1999 Ms. Marcie Diamond City of Allen One Butler Circle Allen, TX 75013 RH Thoroughfare Justification Study (DT&A No. 98056) Dear Ms. Diamond: The proposed Prestige Circle connection between SH -5 and Jupiter Road in the city of Allen is based upon a design speed of 30 MPH. The minimum turning radius required by AASHTO is 275 feet with no super -elevation. We provided 275 feet and 320 feet radii for the two curves, which meets the AASHTO standards. I believe that this geometric design will work well in the future. If you have any questions, please feel free to call me at 214-748-6740 Sincerely, DeSHAZZO, TANG Jn[&�ASSOCIATES, INC. Angus Chin, P.E. vice President AC:Isk ' EXHIBIT I Ordinance No. 1732-6-99 I @ I � .� k § 0 0 0 | / N ?��QC J % �� ° � ( it '�• �� / �! I% O WAC ----------- 3lRE G,A�Ns Gp4RBA -------------- --------- ��— ' i i VERtt W, t � i 18 17 1 16 1 15 i - t EXHIBIT K Ordv ce No. 1732-6-99 '♦��i�■■■■■■■■■■■■■■■■■■■:■■■■■■■■■■■■■■■■■■■■■■■■ 14 �3 CARS IFF ty �r I z= ■r i-T F- 5 1 .esu ii�a�0'>' •i��1; Com__ — - - ,per.—��ffi "�"'��6a, W 0 14 13 12ADJACENT SINGLE-FAMILY (RES ZONING qak Hill EXHIBIT IL r* V) `"?a, `�' Ytr:� �s.c .