HomeMy WebLinkAboutO-3631-11-18 ORDINANCE NO.3631-11-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED,
RELATING TO THE USE AND DEVELOPMENT OF 18.688+/- ACRES OF LAND
SITUATED IN THE J. SEABORN AND ROBERT T. CLEMENTS SURVEY,
ABSTRACT NO. 879, PRESENTLY ZONED AS PLANNED DEVELOPMENT "PD"
NO. 40 CORRIDOR COMMERCIAL"CC"AND PLANNED DEVELOPMENT "PD"
NO. 40 OFFICE "O" BY CHANGING THE ZONING TO CREATE PLANNED
DEVELOPMENT "PD" NO. 137 FOR SINGLE-FAMILY USES WITH A BASE
ZONING OF SINGLE FAMILY RESIDENTIAL "R-6" AND TOWNHOME
RESIDENTIAL "TH"; ADOPTING A CONCEPT PLAN, BUILDING ELEVATIONS,
AND SCREENING PLAN; 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 Zoning Map of the City of Allen,
Collin County, Texas, as previously amended, be further amended relating to the use and development of
18.688+/- acres of land situated in the J. Seaborn and Robert T. Clements Survey,Abstract No. 879 described
in"Exhibit A,"attached hereto and incorporated herein by reference("the Property"),which is presently zoned
as Planned Development "PD" No. 40 Corridor Commercial "CC" and Planned Development "PD" No. 40
Office "O"by changing the zoning to create Planned Development "PD"No. 137 for Single-Family uses with
a base zoning of Single Family Residential "R-6" and Townhome Residential "TH," subject to the use and
development regulations set forth in Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code ("ALDC"), as amended, except to the extent modified by the Development
Regulations set forth below:
A. BASE ZONING DISTRICTS:
(1) The portion of the Property described in Exhibit"A,"and depicted on the Concept Plan as the
"Southern Tract," shall be developed and used only in accordance with use and development
regulations of the Single-Family Residential District"R-6"except as otherwise provided in this
Ordinance.
(2) The portion of the Property described in Exhibit"A,"and depicted on the Concept Plan as the
"Northern Tract," shall be developed and used only in accordance with use and development
regulations of the Townhome Residential"TH"except as otherwise provided in this Ordinance.
B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B," and incorporated herein by reference (the "Concept Plan"). Minor
modifications to streets that do not alter the general alignment shown on the Concept Plan may be made
at the time of plat approval.
C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in
general conformance with the height, materials, and architectural style set forth in the Building
Elevations attached hereto as Exhibit "C," and incorporated herein by reference ("the Elevations"),
shall be further subject to the following.
(1) Building Materials: Except for window and door areas, exterior facades of all walls shall be
100% masonry.
(2) Building Design for"TH"lots: Each of the three elevation types shown on the Elevations shall
be used on no fewer than four(4) of the 19 buildings constructed on the "TH"lots.
(3) Building Design for "TH" lots: Elevations shall include a differentiation of masonry/brick
materials used on rear elevation such that the material used matches the corresponding front
elevation.
D. LOT DESIGN CRITERIA AND BUILDING SETBACKS: The minimum lot dimensions and
building setbacks for the lot types shown on the Concept Plan shall be modified as*follows:
(1) "TH"Townhome Lots:
Minimum Lot Area 1,870 square feet
Minimum Lot Width 22 feet
Minimum Lot Depth 85 feet
Rear Yard Setback 20 feet
Minimum Dwelling Unit Size 1,300 square feet excludin garage)
(2) "R-6"Single Family Lots:
Minimum Lot Area 5,750 square feet
Minimum Lot Width 50 feet
Minimum Lot Depth 110 feet
Rear Yard Setback 15 feet
Minimum Dwelling Unit Size 1 1,800 square feet(excluding garage)
E. GARAGE SETBACK: There shall be not less than 20 feet between the property.line and face of the
Garage structure.
F. SCREENING: Screening fences and/or walls shall be constructed and/or installed along the
boundaries of the Property in general conformance with the Screening Plan attached hereto as Exhibit
"D" and incorporated herein by reference subject to the following additional conditions:
(1) No building permit shall be issued for construction of any dwelling unit on the South Tract(i.e.
Blocks E and F) as identified on the Concept Plan and described in Exhibit "A" hereto until
construction of all screening walls and fences shown on the Screening Plan and located on the
exterior boundaries of the South Tract has been completed as determined by the Chief Building
Official;
Ordinance No. 3631-11-18.Page 2
(2) No building permit shall be issued for construction of any dwelling unit on the North Tract(i.e.
Blocks A,B and C)as identified on the Concept Plan and described in Exhibit"A"hereto until
construction of all screening walls and fences shown on the Screening Plan and located on the
exterior boundaries of the North Tract has been completed as determined by the Chief Building
Official;
(3) Prior to or concurrent with the approval of a final plat for any portion of the North Tract, a
perpetual landscape and screening wall maintenance easement with a width of not less than
five feet(5.0')and in a form approved by the City Attorney shall be conveyed by the owner of
the property adjacent to the western boundary of the North Tract in favor of the owner of the
North Tract and the homeowner's association established as required by Section 8.20 of the
ALDC which easement shall, among other provisions:
(a) Require the developer and/or homeowner's association to be responsible for the
maintenance, repair, and replacement of all walls, fences, landscaping, irrigation
systems, and any other improvements located within said easement and as may
otherwise be required by this Ordinance or applicable provisions of the ALDC;
(b) Prohibit any amendments to, or termination of, the easement, in whole or in part,
without the written consent of the City of Allen; and
(c) Provide that the City of Allen, as a third-party beneficiary of the easement, may, but
shall not be obligated,to enforce the provisions of the easement; and
(4) The declaration of covenants and restrictions relating to the North Tract and required by Section
8.20 of the ALDC shall contain a provision that obligates the homeowner's association
established pursuant to said declaration to maintain the landscaping and improvements located
within the easement described in paragraph (3), above, in the same manner and to the same
extent as all other common areas within the North Tract for which the homeowner's association
shall be responsible.
Notwithstanding the above to the contrary, if,prior to final plat of any portion of the Property, fee title
to the land on which the easement described in paragraph(3)above is located is conveyed to the owner
of the balance of the North Tract so that such land is under common ownership,the easement described
in paragraph(3)shall not be required provided(i)such area is established as a common area lot and(ii)
a note is included on said final plat that provides that said common area shall be maintained in
accordance with this Ordinance.
G. VISITOR PARKING: Visitor parking for Lot 44, Block A, may exceed the 100-foot requirement to
a dwelling unit provided it is located as shown on the Concept Plan.
H. SIGNAGE: Signs shall comply with the general location, number, and dimensions shown on the
Screening Plan.
I. SIDEWALK EXTENSION: The off-site sidewalk connection on the southern side of Ridgeview
Drive shall be constructed by the Developer prior to issuance of a building permit for any dwelling unit
on any lot.
J. TRAFFIC IMPROVEMENTS: A median opening between Street A and Street D on Ridgeview
Drive and the associated east bound left turn lane and west bound left turn lane must be constructed
prior to issuance of a building permit for any dwelling unit on any lot.
Ordinance No. 3631-11-18,Page 3
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,firm 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 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN
COUNTY,TEXAS,ON THIS THE 27TH DAY OF NOVEMBER 2018.
APPROVED:
Stephen terrell,Mayor
APPROVED AS TO FORM: ATTEST:
Peter G.Smi h, City Attorney Shelley B.Georg , ity Secretary
(kbl:l 1/15/18:104353)
Ordinance No. 3631-11-18,Page 4
EXHIBIT"A"
DESCRIPTION OF PROPERTY
Northern Tract
BEING, a tract of land situated in the J. Seaborn &Robert T.Clements Survey, Abstract No. 879,in the City
of Allen,Collin County, Texas,being part of a 30.00 acre tract, as described in Vol. 5997,Pg. 1572 in the
Deed Records of Collin County,Texas and being part of Cottonwood Creek Addition Lots 1 &2 Block A,an
addition to the City of Allen, as described in Doc. No. 2018-261 in the Plat Records of Collin County,Texas
and being more particularly described as follows:
BEGINNING, at a'/z inch iron rod found at the northwest corner of Shaddock Park, an addition to City of
Allen,as described in Doc. No. 2007-13, in said Plat Records, and being the southwest corner of Starcreek
Commercial Lot 1, Block A, an addition to the City of Allen,as described in Cab. Q,Pg. 511, in said Plat
Records and being in the east line of said 30.00 acre tract;
THENCE, South 00°31'53"East, along the west line of said Shaddock Park and the east line of said 30.00
acre tract,for a distance of 58.87 feet,to a'/z inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."
in the north line of Ridgeview Drive(120' R.O.W.),being on a curve to the left, having a radius of 1560.00
feet,a central angle of 14°12'30";
THENCE,departing said west and east lines and along the north line of said Ridgeview Drive for an arc
distance of 386.85 feet(Chord Bearing South 40°22'58"West—385.86 feet),to a'/z inch rod set with a
yellow cap stamped"Corwin Eng. Inc.",at the point of tangency;
THENCE, South 33°16'43"West,continuing along said north line,for a distance of 595.94 feet,to a'/z inch
rod set with a yellow cap stamped"Corwin Eng. Inc.";
THENCE, South 33'18'13"West,continuing along said north line,for a distance of 175.43 feet,to a'/z inch
iron rod set with a yellow cap stamped"Corwin Eng. Inc."at the point of curvature of a curve to the right,
having a radius of 1025.69 feet, a central angle of 00°05'42";
THENCE,continuing along said north line and with said curve to the right for an arc distance of 1.70 feet
(Chord Bearing South 33'21'11"West— 1.70 feet),to a'/z inch iron rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE, North 56040'14"West,departing said north line, for a distance of 141.30 feet,to a calculated point
for corner;
THENCE, North 01004'14"West,for a distance of 1049.15 feet, calculated point for corner;
THENCE,North 88°55'46"East,for a distance of 5.00 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.", in the north line of said Lot 1 and the south line of said Lot 2;
Ordinance No. 3631-11-18,Page 5
EXHIBIT"A"
DESCRIPTION OF PROPERTY cont.
THENCE,South 78°44'03"East, along said north and south lines,for a distance of 98.88 feet,to a'/2 inch
iron rod set with a yellow cap stamped"Corwin Eng. Inc."
THENCE, North 85°51'36"East,continuing along said lines, for a distance of 115.16 feet,to a'/z inch iron
rod set with a yellow cap stamped "Corwin Eng. Inc.", at the northeast corner of said Lot 1 and the southeast
corner of said Lot 2;
THENCE, North 01 004'14"West,along the east line of said Lot 2,for a distance of 14.74 feet,to a'/z inch
rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 88°10'54"East,departing said east line, for a distance of 59.79 feet,to a'/z inch rod set with
a yellow cap stamped"Corwin Eng. Inc.";
THENCE, South 85°36'05"East, for a distance of 13.04 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE,North 86008'21"East,for a distance of 163.37 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE,North 56058'34"East,for a distance of 23.85 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.",
THENCE, South 81°41'40"East,for a distance of 138.45 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE, North 82014'05" East, for a distance of 66.21 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE, South 77036'17"East,for a distance of 138.61 feet,to a'/z inch rod set with a yellow cap stamped
"Corwin Eng. Inc.", in the west line of said Starcreek Commercial Lot 1 Block A and in the east line of said
30.00 acre tract;
THENCE, South 00°31'53"East,along said east and west lines,for a distance of 115.47 feet,to the POINT
OF BEGINNING and containing 12.932 acres of land.
Southern Tract
BEING, a tract of land situated in the J. Seaborn &Robert T. Clements Survey,Abstract No. 879, in the City
of Allen, Collin County, Texas,being part of a 30.00 acre tract,as described in Vol. 5997,Pg. 1572 in the
Deed Records of Collin County,Texas and being more particularly described as follows:
Ordinance No. 3631-11-18.Page 6
EXHIBIT"A"
DESCRIPTION OF PROPERTY cont.
BEGINNING,at a'/z inch iron rod found at the southeast corner of said 30.00 acre tract, and being the
northeast corner of Saddleridge Phase Three,an addition to the City of Allen,as described in Doc.No. 2010-
302, in the Plat Records of Collin County,Texas same being in the west line of Shaddock Park, an addition to
the City of Allen, as described in Doc. No. 2007-13 in said Plat Records;
THENCE, South 89°20'46"West, along the south line of said 30.00 acre tract and along the north line of said
Saddleridge Phase Three, for a distance of 582.44 feet,to a'/z inch iron rod found at the southwest corner of
said 30.00 acre tract and being in the south line of Ridgeview Drive(120' R.O.W.);
THENCE,North 33016'43"East,departing the north line of said Saddleridge Phase Three and along the
south line of said Ridgeview Drive, for a distance of 771.03 feet,to a'/z inch rod set with a yellow cap
stamped "Corwin Eng. Inc.",at the point of curvature of a curve to the right,having a radius of 1440.00 feet,
a central angle of 09046'28";
THENCE,continuing along said south line and with said curve to the right for an arc distance of 245.66 feet
(Chord Bearing North 38°09'57"East—245.36 feet),to a'/s inch rod set with a yellow cap stamped"Corwin
Eng. Inc.", in the west line of said Shaddock Park and the east line of said 30.00 acre tract;
THENCE, South 00°31'53"East,departing said south line and along said east and west lines, for a distance
of 830.89 feet,to the POINT OF BEGINNING and containing 5.756 acres of land.
Ordinance No. 3631-11-18.Page 7
J
N 1N TRMr PONT 0<
TRACTSam
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( - �I �! , I • 1 Z' 22 TOTAL SNAL ME RESIDENTIAL
LOTS
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t7 TOTAL OPEN 5 AOE LOTS
1TOTA TOTAL MMES
t.9 TOTAL R O.X.OEDICATMN
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—
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EXHIBIT
1
BarcelonaENTIAL ELEVATIONS
1
u
•�a
e
I
Barcelona '
2110 Barcelona
111111_IIIIIIIIIIIIIIIIIIIIIIII1111111 - 111("�vll IIIp11�IIW1/111111111. '1' �.11IIIISIIIIIIp11111111_p11
SOLDIER 00URSE
BRICK COLUMN
-_ - _ i_it�! lISlSC:..1is'.'131:S:YYkelii_- _ mow _
Ordinance1 3631-11-18.Pam 9
EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Rarcclona(Left)
2110 Barcelona
DRO(,YR) - --,
CEDAR BRACKET-
SEE DET"
Bwcx hrol
$TONE
Barcelona(Right)
2110 Barcelona
EOIptY.
>ro
ROLLOp
S,DRE
EVANWN JMT f19 BRICX SILL ,W
Ordinance No. 3631-11-18,Page 10
EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Kava(Front)
a
..[!'' GARAGE..^.«OR ITYF'
ST 11 frIp)
Kava(Rear)
3045 Kava
j BRICK(TYP.) BRI(x(TY,,
BRICK(TYP.) n BRICK(TYP.)
Ordinance No. 3631-11-18,Page 11
Ill
I
--------------
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EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Madison (Front)
2894-Madisai-A
Madison (Rear)
2894 Madison
BRICK(TYP.) MCK(TYP.) i
ffig PEI E91
BRICK(TYPj_l--1—_m
Ordinance No. 3631-11-18,Page 13
EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Madison (Left)
2894 Madison
x
erax,Tw.,
.s eDccTRIIA /.s
WINDOW TPo4. 1.5
BOTTOM THINSTONE(TTP.)
Madison(Right)
2894 Madison
x
Wim(TTP.)
--------------
STOW(Dr)
---------------
Ordinance No. 3631-11-18,Page 14
EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Regency (Front)
Psi■ .
'3
ONION
■o u ,r
a..
Regency(Rear)
2896 Regency
STUCCO(TYP.) ._y',i... STUCCO(TYP.)
BRICK(TYP.)
Ordinance No. 3631-11-18,Page 15
EXHIBIT"C"
SINGLE-FAMILY RESIDENTIAL ELEVATIONS cont.
Regency(Left)
2896 Regency
mom(lyp)
Regency(Right)
2896 Regency
SR=D(M.)
.........I
STONE(M
..........
(M)
m- ------------
Ordinance No. 3631-11-18,Page 16
EXHIBIT"C"
TOWNHOUSE RESIDENTIAL ELEVATIONS
ToNviihousc Buildin A (Front)
r
s.
w
� IiNRY» �d-
w
C
Q O
W _
} a
� J
Z W
Q Z
J_
m LL
ti
r
H
8w
w
Air
w �
a
w
w
z
w
U
m
Ordinance No. 3631-11-18,Page 17
EXHIBIT"C"
TOWNHOUSE RESIDENTIAL ELEVATIONS cont.
Townhouse Building R (Front)
y.
M
01z
w0-
CL
a
w
Z w
J O
m LL
a
r
z
W
W
Z
W
W
2
O
E
.1
a
a ,
J
Ordinance No. 3631-11-18,Page 18
EXHIBIT"C"
TOWNHOUSE RESIDENTIAL ELEVATIONS cont.
Townhouse Buildin C(Front)
CL a
gyp- z
1 w
Z
LJ m
•S
' U 2
W O .
a a
w
() J
Z W
0 ~
J_ ZZ
5
M LL
r r_771
Ams
p,
Ordinance No. 3631-11-18,Page 19
EXHIBIT"C"
TOWNHOUSE RESIDENTIAL ELEVATIONS cont.
Townhouse All Buildin s(Rear)
z a a
z
o Wz
W
Z) I W
CD Z
Q ?
W !it Y J
.Y U W
, /m O
J
I V
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a
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LU W
0 Q
Q
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Q
H
F` W
i�
Ordinance No. 3631-11-18,Page 20
EXHIBIT"C"
TOWNHOUSE RESIDENTIAL ELEVATIONS cont.
Townhouse All Buildings(Left)
n"
ASS !p i STUCCO
. � 11 AS SPEC.
STUCC
BEYOND. I r --
(TYP.)
LL
O
O =..
z
Q BRICK
W (TYP)
M '
STUCCO STONE
(TMP) (TYP.)
Townhouse All Buildings(Right)
STUCCO AS SPEC. II
✓ 11
i
j STUCCO
I_ BEYOND.
(TYP.)
I
2
LL
O
O
II I MIN,IIIII HIM!It
BRICK(TYP) I QzQ
W
in
- M
L STONE(TYP) STUCCO(TYP)
Ordinance No. 3631-11-18,Page 21
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..... ......
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EXHIBIT I
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