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Home My WebLink AboutO-3129-1-13ORDINANCE NO. 3129-1-13 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR 9.85± ACRES IN THE JOHN J. MILLER SURVEY, ABSTRACT NO. 609, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO. 61 FOR SHOPPING CENTER `5C" TO PLANNED DEVELOPMENT `RD" NO.61 FOR SINGLE FAMILY RESIDENTIAL "R -B; ADOPTING A CONCEPT PLAN; ADOPTING DEVELOPMENT REGULATIONS; ADOPTING BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by granting a change in zoning for 9.85± acres in the John J. Miller Survey, Abstract No. 609, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference (`the Property") from Planned Development "PD" No. 61 for Shopping Center `5C" to Planned Development No. 61 for Single Family Residential "R-6". SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amendment, except to the extent modified by the Development Regulations set forth below: A. Base Zoning District: The Property shall be developed and used only in accordance with the "R-6" Single -Family Residential zoning district regulations of the zoning regulations of the Allen land Development Code, except as otherwise provided herein. B. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached to this ordinance as Exhibit "B." C. Building Elevations: The property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "C." ' D. Permitted Uses: The only uses permitted on the Property are those uses permitted in the "R- 6" Single -Family Residential zoning district except as otherwise provided herein. Rear alleys are not required. E. Alleys: Rear alleys are not required. ' F. Lot Width: The minimum lot width shall be sixty feet (60'). G. Side Yard Setback: The minimum side yard setback shall be five feet (5'). H. Gara re Setback: The minimum garage setback for front entry garages shall be eleven feet (11.0') from the front building setback line. L Product 7Wue and Ouantity: A minimum of fifty percent (50%) of the lots shall have a "T' swing garage configuration. Residences constructed on Lots 13, 14, 24 and 25 must have a "J" swing garage door; provided, however, the garage doors on Lots 13 and 14 shall not face Goodman Drive, and the garage doors on Lots 24 and 25 shall not face Angel Parkway. All garage doors shall be stained, insulated steel garage carriage doors with simulated wood grain appearance. J. Detention Pond Analysis and Maintenance: Concurrently with the submission of plans for the design of the public improvements on the Property, the developer of the Property shall provide to the Engineering Department a written engineering analysis prepared and sealed by a Texas Registered Professional Engineer and satisfactory to the Director of Engineering indicating that the relocated detention pond is designed to reduce outflows from the detention pond following each storm event to pre -developed flows for a 5 year, 10 year, 25 year, 50 year, and 100 year frequency storm event. The relocated detention pond will be maintained through a Property Owner's Association (POA) comprised of either the current commercial land owners and Arkoma Real Estate Ventures, LP or any future commercial property land owners of the Arkoma Real Estate Ventures LP; or the Home Owner's Association accompanying the Belmont Estates subdivision and Arkoma Real Estate Ventures, LP or any future commercial property land owners of the Arkoma Real Estate Ventures LP. The relocated detention pond will be constructed with the Belmont Estates subdivision. The maintenance agreement document for the detention pond must he approved by the City of Allen and filed of record prior to the submittal of a final plat. The developer shall relocate the newly planted trees in the current detention pond, as indicated on the plans prepared by the Leeming Design Croup in October of 2009, within either the proposed open space or new detention pond area. K. Headliebt Screen: A headlight screen of shrubs shall be located at the end of the cul-de-sac on Street C. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law ' and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, fine or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of Ordinance No. 3129-1-13, Page 2 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 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. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 8't DAY OF JANUARY, 2013. APPROVED: A4P0:JQP Stephe errell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Staid, CITY ATTORNEY�8.1 SiAlley B. George, TRMC, CITY SECRETARY (kbl:12/18/12:58687) Ordinance No. 3129-1-13, Page 3 BEGINNING at a I/2' iron and fend it the East lire of Angel Parkway for the Northwest comer of Lot 8, Block A BeBegore, Phase 8, an addition to the City of Allen, according to the document filed of record in Cabinet P, Page 20, Plat Records of Coln County, Teras, said iron rod be,,%the Southwest coma of this tract; THENCE with the East line of said Angel Parkway the folbwirg three (3) courses and distance: NORTH 00r 3,V W WEST, a distance of 120.00 fret W a 1/2" ion mod with plastic aP stamped 'VORTEIt' found for a comer of this trig 10131111101- Iff 57' EAST, adistance of 326.9 feet Loa 1/2' ien rod with plastic op stamped 1rORTW fazed bra canner of this tract; MORTTH O(Yb 34'16' WEST, a distance of 911 feet a a Ir M in mncrele food for the Northwest miner of this tract: THENCE leasing the East ire of the above mentioned Angel[ Parkway, ower and aces the above mentioned Arkoma Real Estate Ventures, LPtractthe following four (4) courses and distances, EXHIBTT "A" ' LEGAL DESCRIPTION Beira a tract of land situated in the John Miler Survey, AhNact Number 609, City of Allen, Collin Canty, Tem and being a Portion of that properly cornered to Arkoma Real Estate Ventures, L.P., accnrdngm the docraneM filed of record in Vokane 5716, Page 2148, Deed Recalls of Collin County, Tem and being more particularly devbed as follows BEGINNING at a I/2' iron and fend it the East lire of Angel Parkway for the Northwest comer of Lot 8, Block A BeBegore, Phase 8, an addition to the City of Allen, according to the document filed of record in Cabinet P, Page 20, Plat Records of Coln County, Teras, said iron rod be,,%the Southwest coma of this tract; THENCE with the East line of said Angel Parkway the folbwirg three (3) courses and distance: NORTH 00r 3,V W WEST, a distance of 120.00 fret W a 1/2" ion mod with plastic aP stamped 'VORTEIt' found for a comer of this trig 10131111101- Iff 57' EAST, adistance of 326.9 feet Loa 1/2' ien rod with plastic op stamped 1rORTW fazed bra canner of this tract; MORTTH O(Yb 34'16' WEST, a distance of 911 feet a a Ir M in mncrele food for the Northwest miner of this tract: THENCE leasing the East ire of the above mentioned Angel[ Parkway, ower and aces the above mentioned Arkoma Real Estate Ventures, LPtractthe following four (4) courses and distances, NORTH B9' 22'0' EAST, a distance, of 322.09 feet to a 1/2' ion rod with plastic eap Ramped "VORTEX- found for the Nath end of a corner 3p and being the most NoMerty Notheast caro, of thb tract SOUTH 45.52' 26" EAST, with said comer cap, a distance of 3550 feet to an *)r cut in concrete food in the West line, of Goodman Dyne, fa the most Southerly Northeast corner of this paw THENCE with the West line of said Goodman Dive the following three (3) causes and disbnas: SOUTH 01' O6' S4" EA5T, is distance of 295 82 feet to a 1/2" ion rod with plastic cap stamped ' VCRTER' found fora miner of this tact, SOUTH 05' IV 52" EASt, a distance of 20.23 feet to a I/Y iron rad with plastic cap stamped 1/ORTEIP found for a comer of this tract, SOUTH 01' W 54' EAST, a distance of 99.81 free to a 1/2- iron and with plastic cap stamped -PACHECO- farad for the Northeast comer of the above mentioned Belegnwe. Mase II, and being the Southeast carer of this tract; ' THENCE SOUTH 89' 24' 59- WEST, leaving the West line of the above mentioned Goodman Drhee, with the North lire of said Bellegrove, Phase II, a distance of 823 I8 feet tothe POINT OF BEGlNN ING and remaining 9 859 acres of land, more or less. Ordinance No. 3129.1.13, Page 4 NORTH 89r2544"EAST. adistance ofM97feet toa 1/2" into rod with plastic rap damped ' 'VORTE%" found for a comer of This tract SOUTH SW 52' 15" EAST, a disaree of 238.06 meet to 1/2" kto rod with plastic W damped YORTW foul bra caner of this tract; NORTH B9' 22'0' EAST, a distance, of 322.09 feet to a 1/2' ion rod with plastic eap Ramped "VORTEX- found for the Nath end of a corner 3p and being the most NoMerty Notheast caro, of thb tract SOUTH 45.52' 26" EAST, with said comer cap, a distance of 3550 feet to an *)r cut in concrete food in the West line, of Goodman Dyne, fa the most Southerly Northeast corner of this paw THENCE with the West line of said Goodman Dive the following three (3) causes and disbnas: SOUTH 01' O6' S4" EA5T, is distance of 295 82 feet to a 1/2" ion rod with plastic cap stamped ' VCRTER' found fora miner of this tact, SOUTH 05' IV 52" EASt, a distance of 20.23 feet to a I/Y iron rad with plastic cap stamped 1/ORTEIP found for a comer of this tract, SOUTH 01' W 54' EAST, a distance of 99.81 free to a 1/2- iron and with plastic cap stamped -PACHECO- farad for the Northeast comer of the above mentioned Belegnwe. Mase II, and being the Southeast carer of this tract; ' THENCE SOUTH 89' 24' 59- WEST, leaving the West line of the above mentioned Goodman Drhee, with the North lire of said Bellegrove, Phase II, a distance of 823 I8 feet tothe POINT OF BEGlNN ING and remaining 9 859 acres of land, more or less. Ordinance No. 3129.1.13, Page 4 ' EXHIBIT `B" CONCEPTPLAN Ordinance No. 3129-1-13, Page 5 12 _ ► 09 � r� Y/ pie-�i � - _ II%-e��II11111111111i11��.._�fl,i I _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�� ^-- - EXHIBIT"C" BUILDING ELEVATIONS (Continued) Ordinance No. 3129.1-13, Page 7 U n N S 1 II!!Ijlir Iliilllllllllllllll............. .... .�IIIIII� ► � �III��I�ij��ll�lll�-: i. � VIII=s�55 ► ismEm =>:5 Illiilllllllllllllll ounnwl . �i �� ..................................: ir-_��u�� mm=mm MEN' --------------- WEENNEW ..................... iii .. �q ':�i� '.• 1 .,. ..m.....IIIIIIIIIIII L :IIIIIIIIIIIIIIII' I!: 1 MFV -s1��oME ME ,...II I= IIIIIIIIIIII�llllitlllll!IIIIIIIIIIIIIIIIIIIIIIIII ,