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Home My WebLink AboutO-1561-12-97ORDINANCE NO. 1561-12-97 ' AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING ON 35166 ACRES IN THE DAVID NIX SURVEY, ABSTRACT NO. 668, CITY OF ALIEN, TEXAS, FROM PLANNED DEVELOPMENT NO. 26 -MULTI -FAMILY TO PLANNED DEVELOPMENT NO. 26 -GARDEN OFFICE, AND ON 9.4374 ACRES IN THE DAVID NIX SURVEY, ABSTRACT NO. 668, FROM PLANNED DEVELOPMENT' 26 -MULTI -FAMILY TO PLANNED DEVELOPMENT NO. 26 - COMMUNITY FACILITIES; PROVIDING FOR EXHIBIT'P' LAND USE PLAN AND LEGAL DESCRIPTION; PROVIDING FOR EXIIBrF 'G' AREA AND USE REGULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2RW.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; 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 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by changing the zoning on 3.5166 acres of land located in the David Nix Survey, Abstract No. 668, from Planned Development No. 26 -Multi -family to Planned Development No. 26 -Garden Office, and on 9.4374 acres of land in the David Nix Survey, Abstract No. 668, from Planned Development No. 26 -Multi -family to Planned Development No. 26 - Community Facilities. SECTION 2.• The land Use Plan and legal description attached hereto as Exhibit "F" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 3: The area and use regulations attached hereto as Exhibit "G" are made a part hereof for all purposes and shall be used in the manner and for the purposes provided for as approved herein. SECPION 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: 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 ($2,000.00) for each offense. SECITON 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council L hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7: 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 T1IE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, ONTHE 18THDAYOF DECEMBER ,1997, APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: A. IJoo L*rawde RNEY 7rt �M �. �� ' '.•`. J,�C.,1 i -- n, CMC, CITY SECRETARY Ordinance No. 1561-12-97 Page 2 i< I / A / a a, I m _a J u 9 _ m 1 AMENDMENT TO P.D.-26, TRACT 5 WATTERS CROSSING CITY OF ALLEN OCTOBER 7, 1997 APPLICANTS: BON TERRE-B LTD. 1445 ROSS AT FIELD SUITE 2000 DALLAS, TX 75202 CONTACT: WALTER HUMANN (214) 361-7830 CONSULTANT: CUMMINGS & PEWITT, INC. 1475 RICHARDSON DRIVE SUITE 230 RICHARDSON, TX 75080 THE EPISCOPAL DIOCESE OF DALLAS 1630 N. GARRETT AVE. DALLAS, TX 75202-7702 CONTACT: CLAY HARRISON (972)644-2444 ' Ordinance No. 1561-12-97 RECEIVED Exhibit "6" OCT 9 1997 <snwuraa�woi=an�ssawaoasw�am . a� CITY OF ALLEN COMMUNITY DEVEL. ' iIMMARY OR RF7 NMG RFOiiF4T This tract is referred to as Tract 5 - Multi -Family Residential in P.D. #26. Watters Crossing III, single family residential, has been developed west and south of this tract. Watters Crossing II, single family residential, has been developed southeast of this tract. Tract 4 - Shopping Center due east of this tract has not developed yet. The applicants would Eke to amend Planned Development No. 26 as follows: 1. Tract 5 shall be reduced in size from 15.6± acres, as stated in P.D. No. 26, to 12.954 acres as actually surveyed. This 12.954 acres is comprised of tracts "A" and "B" as shown on the attached exhibit. 2 The zoning of Tract 5, Multi -Family Residential, be changed to reflect the proposed tracts described in the attached zoning standards and outlined on the zoning plan. (Tracts A & B) TRACT A: 9.4374 ACRES "CF" COMMUNITY FACILITIES DISTRICT This tract shall be developed for religious and educational purposes in accordance with the "CF" COMMUNITY FACII.ITIES DISTRICT REGULATIONS, Section 3.01 (Z) of the City of Allen Comprehensive Zoning Ordinance except as modified herein. Hei hg t Regulations - no building shall exceed forty-five (45) feet or three stories in height, except that a steeple may be erected to a height as provided for in Paragraph 3.02 of the zoning ordinance. 2. Area Reeulations- a. Size of Yards (1) Front Yard - there shall be a from yard having a depth of not less than twenty-five (25 feet). (2) Side Yard - there shall be a side yard on each side of the lot having a width of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. ' (3) Rear Yard - there shall be a rear yard having a required depth of not less than twenty (20) feet. ' TRACT B: 3.5166 ACRES "GO" GARDEN OFFICE DISTRICT F CI This tract shall be developed in accordance with the "GO" GARDEN OFFICE DISTRICT REGULATIONS, Section 3.01(N) of the City of Allen comprehensive Zoning Ordinance except as modified herein Permitted Uses. TRACT "B" ALLOW THESE USES - TYPE OF USE GO CCESSORY BUILDING X BANKS AND FINANCIAL INSTITUTIONS X BOOK, CARD OR NOVELTY SHOPS f� BAKERY OR CONFECTIONERY (RETAIL) X CHURCH OR RECTORY X CLINIC, DOCTOR OR DENTIST OFFICE X DAY CARE FOR CHILDREN A DAY CARE FOR DISABLED AND /OR ELDERLY A DRUG STORE OR PHARMACY X NEEDLEPOINT & CRAFT SHOP X FITNESS AND HEALTH CENTER A FLORIST (NO OUTSIDE STORAGE) A HEALTH SERVICE X LABORATORIES: DENTAL X MUSEUM, LIBRARY, ART GALLERY X OFFICE BUILDING X PERSONAL SERVICE A RECREATION AREA A RESTAURANT (NO DRIVE-IN OR THROUGH) q RETAIL STORE QNDOOR) c� SCHOOL, PUBLIC PROPRIETARY OR DENOMINATIONAL S UTILITY BUSINESS OFFICE X VETERINARIAN (NO OUTSIDE RUNS) X aurw,.�an�w�i.w"sw�wvs..kmm �m I2. Area Reeulations Size of Yards: (1) Front Yards - there shall be a front yard having a minimum depth of twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front yards, except that automobile parking will be permitted in such yards if separated by at least 100 feet from any -W District. (2) Side Yards - aside yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street, an alley, or an W District. A side yard of not less than ten (10) feet in width shall be provided on at least one side of any lot. (3) Rear Yard - A rear yard of not less than ten (10) feet in depth shall be provided. GENERAL RF.OTi EMF.NTS ' 1. An 8' screening wall with brick columns spaced at 30' centers (max) and wood fencing shall be constructed between this Tract 5 and the single family residential development, Watters Crossing M. No fence will be required in the open space area. The Construction and Maintenance of this wall shall be the responsibility of the developers of this TRACT 5. 7 Iii .y,w,uYspwga.,�i�o�smasw�w�.�_id- b. Lot Covemee _ in no case shall more than fifty (50) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Building regulations - a. TWe of Materials - all main buildings shall have exterior exposed wall construction of a minimum of 100°/6 stone, brick, tiles, glazing, framed glazing, concrete masonry units, cast concrete, concrete, stucco, or similar concrete -based masonry materials, or a mixture of masonry materials. (Does not include a steeple.) b. . The buildings must be sprinklered for fire protection. 4. Permitted uses: TRACT W ALLOW THESE USES: TYPE OF USE CF ACCESSORY BUILDING -A- BOOK. CARD OR NOVELTY SHOPS A •COLUMBARIUM p CHURCH OR RECTORY X COLLEGE OR UNIVERSITY A CONSTRUCTION BLDG. (TEMPORARY) T DAY CARE FOR CHILDREN A DAY CARE DISABLED AND/OR ELDERLY - T -FIELD OFFICE (TEMPORARY) T PLAY FIELD OR STADIUM A RADIO, TV OR MICROWAVE TOWER (NOT VISIBLE TO PROPERTY LINE) A RECREATION AREA A SCHOOL, PUBLIC, PROPRIETARY OF DENOMINATIONAL X SWIM POOL A •l;ntomb cremated remains. n L�