HomeMy WebLinkAboutO-1679-1-99ORDINANCE NO. 1679-1-99
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN
ZONING BY AMENDING ORDINANCE NO. 1639-10-98, FLOODPLAIN PLANNED
DEVELOPMENT -R7 -NO. 71 (FP -PD -R7 -NO. 71) BY AMENDING THE
DEVELOPMENT REGULATIONS FOR 13.736 ACRES IN THE ALFRED SLACK
SURVEY, ABSTRACT 854, THE JOAB BUTLER SURVEY, ABSTRACT NO. 47,
AND THE JAMES WILCOX SURVEY, ABSTRACT NO. 1018, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AND
LAND USE PLAN ATTACHED HERETO AS EXHIBITS "B" AND "C",
RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR
THE EFFECTIVE DATE OF SAID ORDINANCE.
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 revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. The Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of
Allen, Texas, as previously amended, be amended by granting a change in zoning by amending Ordinance
No. 1639-10-98, Floodplain -Planned Development -R7 -No. 71 (FP -PD -R7 -NO. -71) by amending the
Development Regulations for the following described tract of land: 13.736 acres in the Alfred Slack
Survey, Abstract No. 854, Joab Butler Survey, Abstract No. 47, James A. Wilcox Survey, Abstract No.
1018, City of Allen, Collin County, Texas, and being further described in Exhibit "A" 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 attached hereto as Exhibit "B" and made part thereof for all purposes, and shall be developed
generally in accordance with the Land Use Plan attached hereto as Exhibit "C" and made a part hereof.
SECTION 3. 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. 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. Any person, finn 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. 1425-8-96 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 ($2,000.00) for each offense.
SECTION 8. 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, TEXAS,
ON THE 21ST DAY OF JANUARY, 1999.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, MY ATTORNEY JtQy Mo on, CMC, CITY SECRETARY
OrdinanceNo. 1679-1-99 Page 2
DESCRIPTION OF PROPERTY SURVEYED
BEING, a 13.736 acre tract of land located in the City of Allen, Texas and being out of the Alfred Slack
Survey, Abstract No. 854, Collin County, Texas, the Joeb Butler Survey, Abstract No. 47, Collin County,
Texas, and the James A. Wllcox Survey, Abstract No. 1018, Collin County, Texas; said tract being pan of a
h Extension of the Norm Texas Conference of the United Methodist
tract of land conveyed to Board of Churc
Church by Special Warranty Deed recorded at County Clerk Document No. 96-000202 of the Deed Records
of Collin County, Texas and pan of a tract of land conveyed to Richard D. James by Warranty Deed
recorded In Volume 1303, Page 305 of the Dead Records of Collin County, Texas; said 13.736 acre tract
being more particularly described as follows:
COMMENCING, at the northwest end of a 15 foot x 15 foot rightof-way comer dip a the intersection of the
south right-of-way line of McDermott Drive (a variable width rightof-way) and the west right-of-way line of
Suncreek Drive (a 60 -foot wide right-of-way);
THENCE. South 45 degrees, 45 minutes, 09 seconds East, along said corner dip, a distance of 21.21 feet
to a point In the said west line of Suncreek Drive;
THENCE. South 00 degrees, 44 minutes, 43 seconds East, along the said west line of Suncreek Drive, a
distance of 671.80 feet to a 12 -inch iron rod with "Pacheco Koch" cap found at the POINT OF BEGINNING;
THENCE, South 00 degrees. 44 minutes, 43 seconds East, continuing along the said west Ilne of Suncreek
Drive, a distance of 44.06 feet to a 12 -inch iron rod with "Pacheco Koch" cap found at the beginning of e
curve to the right whose center bears South 89 degrees, 15 minutes, 17 seconds West a distance of 820.00
feet from said point;
THENCE, in a southerly direction, continuing along the said west line of Suncreek Drive and said curve to
the right, having a central angle of 28 degrees, 34 minutes, 54 seconds, a chord bearing of South 13
degrees, 32 minutes, "seconds West, a chord distance of 404.82 feet, an arc distance of 409.05 feet to a
e
12 -inch iron rod with "Pacheco Koch' rap found for
comer,
minutes, 38 seconds
ve
and along herisouth dliner
nerof said t Board of Church Extension t tract departing
ad stance of 78.31 11Suncreek
o 1/2 -Inch iron
Iron
rod found at an angle point; said point being the easternmost southeast comer of said James tract;
THENCE, North 89 degrees, 01 minutes, 24 seconds West, along the south line said James tract, a distance
of 593.30 feet to a 12 -inch iron rod with cap found for comer, said point being a re-entrant comer of said
James tract;
THENCE, South 02 degrees, "minutes. 49 seconds West, along an east line of said James tract, a
distance of 380.50 feet to a 12 -inch iron rod found for comer, said point being the southernmost southeast
comer of sold Jam" tract
THENCE. North 88 degrees, 51 minutes, 33 seconds West, along the south line of said James tract, a
distance of 603.43 feet to a point In the approximate centerfine of a creek;
THENCE, In a northerly direction, along the approximate centedine of said creek, the following twelve (12) '
calls:
North 09 degrees, 29 minutes, 04 seconds West, a distance of 25.38 feet to a point;
North 26 degrees, 37 minutes, 49 seconds West, a distance of 93.32 feet to a pont;
'North 12 degrees, 25 minutes, 27 seconds East, a distance of SB.38 feet to a point;
Exhibit W
Ordinance No. 1679-1-99
North 62 degrees, 24 minutes, 29 seconds East, a distance of 40.31 feet to a point;
South 50 degrees, 30 minutes, 36 seconds East, a distance of 113.72 feet to a point;
North 68 degrees, 45 minutes, 05 seconds East, a distance of 71.39 feet to a point;
North 40 degrees, 33 minutes, 49 seconds East, a distance of 133.47 feet to a point;
North 48 degrees, 11 minutes, 06 seconds East, a distance of 32.04 feet to a point;
North 29 degrees, 48 minutes, 03 seconds East, a distance of 128.76 feel to a point;
North 03 degrees, 44 minutes, 46 seconds West, a distance of 45.08 feet to a point;
North 26 degrees, 05 minutes, 18 seconds West, a distance of 234.23 feet to a point
North 44 degrees, 24 minutes, 20 seconds West, a dtsance of 105.03 feet to a point;
THENCE. South 87 degrees, 51 minutes, 12 seconds East, departing the approximate centerline of said
oreek and along a south line of said McDermott tract, a distance of 432.45 feet to a square head bolt found
for comer,
THENCE, North 01 degrees, 30 minutes, 53 seconds West, along the east line of said McDermott tract, a
distance of 99.47 feet to a 1f2 -Inch iron rod with -Pacheco Koch- cap found for comer,
THENCE, South 88 degrees. 05 minutes, 46 seconds East, departing the east line of said McDermott tract,
sat a aid Board of Church Extension tract, n all a distance of 794 91 feng a 112 -inch indn rod with et to to the POINT OF BEGINNINGfound in the west ; of
CONTAINING, 598,342 square feet or 13.736 acres of land, more or less
EXHIBIT A (cont)
Ordinance No. 1679-1-99
I
Villas of Suncreek
January 7, 1999
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.01 General Reaulations:
The Planned Development District tract is intended to accommodate single family
residential uses. The residential units will be comprised of Single Family lots,
unit sizes and development regulations in accordance with Single Family — 7
District regulations, except as amended herein:
1.02 Permitted Uses: Land uses permitted a as follows:
a. Residential units as described herein
b. Private or public recreation facilities.
C. Park will include a hike and bike trail along Rowlett Creek.
d. Real estate sales offices during the development and marketing of the
Planned Development.
' e. Developer shall have the option to make the roads public or private,
subject to approval by the City Council, under separate ordinance.
f. Accessory buildings and uses customarily incidental to the permitted
uses.
g. Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion.
1.03 Densl :
The overall allowed density for the Planned Development District shall be 3.64
units per gross acre or a total of 49 units as calculated on a gross land area basis
(approximately 13.367 acres).
1.04 Required Parking:
Parking Requirements for the Planned Development District shall be in
accordance with the City of Allen Zoning Ordinance No. 1425-5-96, Section 3.03
as it presently exists.
1.05 Building Materials:
A minimum of seventy-five (75) percent of the total exterior wall surfaces of all
main buildings shall have an exterior finish of glass, stone, stucco, tile, brick or
similar materials (as approved by the City of Allen) or any combination thereof.
The use of wood as a primary, exterior building material shall be limited to a
' maximum of twenty-five (25) percent of the total wall surfaces.
Exhibit uB'
Ordinance NO. 1679-1-99
1.06 Single Family Detached Houses:
These residential areas will consist of lots having front access and frontage on
public or private residential streets. Building and area requirements are as
follows:
a. Minimum Dwelling Size: the minimum area of the main building shall be
two thousand, two hundred (2,200) square feel, exclusive of garages,
breezeways and porticos.
b. Lot Area: The minimum area of any lot shall be five thousand (5,000)
square feel.
C. Lot Coverage: In no case shall more than fifty-five (55) percent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved areas shall not be included in determining
maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than fifty (50)
feet at the front building line, except that lots at the terminus of a cul-de-
sac or along street elbows, eyebrows may have a minimum width of forty
(40) feet at the front building line; provided all other requirements of the
section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be ninety (90) feet,
except that a lot at the terminus of a cul-de-sac or along street
'
elbows/eyebrows may have a minimum lot depth, measured at mid -point
on front and rear lot lines of ninety (90) feet, provided all other
requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be fifteen (15)
feet A maximum of 30% of the lots shall be permitted to have front
access garages with a minimum front set -back of 20 feet, where garage
doors face the street
g. Side Yard: Two side yards required, five feet minimum with minimum
separation of ten feet between each house.
h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet.
I. Building Height: Buildings shall be a maximum of two and one-half (2-
1/2) stories.
1.0 Planned Development - General Conditions
2.01 Conformance to All Applicable Articles of the Allen Zoning Ordinance:
Except as amended herein, this Planned Development shall conform to any and
all applicable articles and sections of the Allen Zoning Ordinance, Ordinance No.
1425-5-96, as it presently exists.
EXHIBIT B (cont)
Ordinance No. 1679-1-99
2.02 ScreeninalLandscapina along Suncreek Drive:
Landscaping and screening shall be provided along Suncreek Drive and may
consist of decorative metal fencing, landscape planting, masonry walls, living
screens or a combination thereof.
2.03 Front -Entry Garage Access:
A maximum of 30% of the lots shall have garage doors facing the street with a
minimum set -back of twenty (20) feel. Architectural restrictions shall be
implemented, such as recessed doors with a decorative wood trim reflecting the
image of old-world charm. All garages will be equipped with automatic garage
door openers.
2.04 Sidewalks
A sidewalk shall not be required along the north/south street adjacent to the
proposed hike and bike trail.
2.05 Home Owners Association
Prior to final plat approval, the property owner association documents and
appropriate declaration of covenants and restrictions shall be submitted to the
city for review and approval.
EXHIBIT B (cont)
Ordinance No. 1679-1-99
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