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HomeMy WebLinkAboutO-449-8-83ORDINANCE NO. 449-8-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO "PD" (PLANNED DEVELOPMENT) NO. 10, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 12.8 ACRES OF LAND LYING IN THE PETER WETSEL SURVEY, ABSTRACT NO. 990, COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A SITE _ PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 12.8 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from "AO" (Agricultural -Open Space) to PD (Planned Development) No. 10. SECTION 2. That the Use Regulations described as Exhibit "B" and attached Ordinance No. 449-8-83 - Page 1 hereto and made a part hereof for all purposes shall be the governing regulations for PD (Planned Development) No. 10. SECTION 3. That the Site Plan approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of PD (Planned Development) No. 10. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachments of Exhibits "B" and "C". SECTION 6. 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. 366-10-81, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 7. That 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 hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 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. Ordinance No. 449-8-83 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 8TH DAY OF AUGUST, 1983. APPROVED: M. B. Pierson, Mayor ATTEST: Marty Hendrix, Cito Secretary APPROVED AS TO FORM: T"A-- on Crowder, ity Attorney Ordinance No. 449-8-83 - Page 3 Exhibit A BEING a tract of land situated in the Peter Wetsel Survey, Abstract No. 990 within the City of Allen, Collin County, Texas also being a resurvey of a part of the called "Third Tract" conveyed to O. B. English dated October 8, 1968 recorded in Volume 720, page 643 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a found iron rod in the West right-of-way line of State Highway No. 5 (100 foot R.O.W.), said iron rod also being the Northeast corner of the Cottonwood Creek Village Shopping Center, Phase 2 as recorded in Cabinet C, Page 82 in the Plat and Map Records of Collin County; THENCE: N 89 degrees 05 minutes 55 seconds W along part of the north line of said Cottonwood Creek Village Shopping Center for a distance of 1228.22 feet to a found iron rod for corner; THENCE: N 00 degrees 23 minutes 52 seconds E passing an iron rod set at 108.89 feet for a total distance of 208.89 feet to a point, said point being in the center of Cottonwood Creek; THENCE: With the meanders of Cottonwood Creek as follows: N 31 degrees 42 minutes 41 seconds E 154.50 feet to a point; N 07 degrees 27 minutes 25 seconds E 62.38 feet to a point in the center of Cottonwood Creek; THENCE: S 89 degrees 05 minutes 55 seconds E for a distance of 102.91 feet to an iron rod set for corner; THENCE: N 86 degrees 48 minutes 26 seconds for a distance of 78.94 feet to an iron rod set at the edge of a pond; THENCE: With the South edge of pond as follows: N 78 degrees 11 minutes 24 seconds E 121.86 feet to a point; N 64 degrees 03 minutes 35 seconds E 93.81 feet to a point; N 65 degrees 44 minutes 22 seconds E 118.93 feet to an iron rod set for corner; THENCE: S 43 degrees 54 minutes 08 seconds E for a distance of 176.74 feet to an iron rod for corner; THENCE: S 89 degrees 05 minutes 55 seconds E for a distance of 760.00 feet to a found iron rod for corner, said iron rod also being in the West right-of-way line of said State Highway No. 5; THENCE: S 30 degrees 52 minutes 00 seconds W along the West right-of-way line of said State Highway No. 5 for a distance of 465.82 feet to the POINT OF BEGINNING; CONTAINING 12.817 acres of land. Weston Blair r 11 Attachment'to Or, ance No. 449-8-83, adopte 3/18/83 Exhibit "B" DRAFT COTTONWOOD CREEK DEVELOPMENT NT MULTI -FAMILY RESIDENTIAL 1. Purpose - This district provides a medium -density dwelling Classification in the form of attached dwelling units. This district provides for a maximum of 16.5 dwelling units per acre, 2. Use Regulations - A building or premise shall be used only for the following purposes: a. Any use permitted in District "MF -11,. b. Multi -family dwelling units such as apartments and condominimums. C. Accessory buildings customarily incident to the above uses and located on the same property therewith. d. Such usesas may be permitted under the provisions of Section ,2.06, Specific Use Permits. 3• Height Regulations - No building shall exceed thirty (30) feet or two and one-helf (2J) stories in height. 4. Area Regulations: Front Yard - There shell be a front yard having a required depth of twenty (20) feet. (2) Side Yard - There shall be a side yard on each side of a continuous row or group of dwellings of not less then six (6) feet. A side yard adjacent to a side street or single family residential district shall not be less than thirty (30) feet. (3) Rear Yard - There shall be a rear yard having a depth of not less than ten (10) feet, except that when abutting a single family residential district a minimum of thirty (30) feet shall be required. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Attachment to 01 nance No. 449-8-83, adopt 8/18/83 Exhibit "B" Page 2 b. Size of Lot - For platting purposes, the entire multi- family tract shall be platted as one lot. c. Minimum Dwelling Size - The minimum floor area of any one -bedroom dwelling unit shall be seven hundred (700) square feet, and.nine hundred (900) square feet for two- bedroom units, exclusive of garages, breezeways, and porches, d. Lot Coverage - In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. e. Placement of Buildings - Placement of buildings in each area can be modified as required in order to preserve the natural features of the site. 5. Building Rtgula.tionss a. Type of Materials - All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 6. Special Requirements: a. Open Space - One;(1) acre of land shall be designated and appropriately developed as open or recreation space for each seventy-five (75) dwelling units. Such open space shall be computed as the ratio of the actual number of dwelling units bears to this requirement. b. Parking_Requirements - Two and one-half (2J) parking spaces shall be provided for each dwelling unit. c. Condominium Conversion - If at any future date the multi- family units are converted into individual ownership (condominiums), the developer shall be responsible for establishing an association among homeowners by which the Cottonwood Creek development will be maintained. In addition to the requirements previously stated, the Cottonwood Creek Project will include the following features and amenities: 1. One major ingress, egress connection to State Highway 5. 2. Fire hydrants shall be provided at 300' 0. Co intervals per city requirements. 3. Fire lanes shall be provided per city requirements. 4. 6' high wood fencing shall be provided around the pool per Section 3.08 (5). 5• Deciduous trees and/or shrubs shall be planted at the ratio of one each per dwelling unit. ` Attachment to Or • Exhibit "B" lance No. 449-8-83, adopt 8/18/83 Page 3 6. Open recreational areas shall have planted grass. Park areas shall have trees and Dark benches provided for resident use. 7. The central park area shall have playground equipment designed for smaller children. 8. A special jogging trail shall be designed and designated for use by residents. 9• All dwelling units shall have washer/dryer connections, fireplaces, and insulated doors and windows. 10. All two-bedroom units shall have two full-size baths, 11. Exterior walls of all dwelling units shall be con- structed of 2 x 6 studs to allow for R-19 wall insulations and superior construction. Insulated exit doors and insulated windows shall be used in all dwellings. e 4 -Attachment to -dinance No. 449-8-83, ads ed 8/18/83 �t.2"xhibit "B" Page g J TRAFFIC STUDY FOR COTTONWOOD CREEK APARTMENTS - ALLEN, TEXAS This traffic study is divided into two parts. The first part is concerned with the purpose, design, demo- graphics, and amenities as they apply to the Cottonwood Creek Apartment Community. The second part details basic information about traffic flow in and out of the develop- ment onto State Highway 5• It includes rush hour traffic averages (Table I) and projected traffic averages (Table II) upon completion of the project. The purpose of the development is to provide high quality leaseable housing for citizens of Allen which includes amenities and landscaped settings not presently available in Allen. Also, the community is to provide an alternative to absentee ownership houses which today consti- tute the primary source of leaseable housing in Allen. The project is designed to protect the integrity of the land by retaining the sloping nature of the terrain, by saving all trees possible, and by taking advantage of the natural beauty of the creek and pond. When economically feasible, trees which have to be removed will be transplanted. It is projected thet the demographics of the Cottonwood Creek Community will be similar to the present make-up Attachment to Ordinance No. 449-8-83, adopted 8/18/83 OR7 a s ,� �•. �! .� , t� age 5 it 1 y_t '51'; �.•4, D fi.�( �.. s t' �...r':1 y�- "Sy y, ''�j- N •XIr .M1 t, cX.a"t„•�t t► r 'y.'," Y 3- ,;`•.fit:.,,.Na i,•- ' L' :i4•(� �.; _ r 3 jir`ry•ii •.tly.��1�. ly�t'if� •i�i? • '1. 4� .i' t't� ��•jQ i t �^.:ir(� t . S � :sf.-� �tl� �.i+" �Z. 'iP':y 33 �-..' •r i r... ti. } ,�'•e.e. f \• ` F.,,.��(t' •�.r�,�•.+ Y%' �i11 4,Fa. l,�^y il.. nt•.` .- ., -`'! .t •ti 4 :L' L F.•: w.V !i �f• `j.-��` :Lr•�r'` e � •,fir y'C"� V`;��i •4, - y�t''Jr r, r. ��4..'l�.ly�!77f}+ivi.. .rJ., .OM1 y'< �,�� ,'Al4 Yiµ •'i'. .. �'�' I -r`,`".e�. i; •�-_;9L'.'�.t•��•7�l.. M• t:�`%r�� � a��,„� K�f ;i. '; ^, - 1 `.I� .:. �,.�iL�:a Yf '� •i•.. ? ' •t•:e'f ; rt; ' .. . t . y ", _�..`77""�`!-�t�''7•!j�•'t r..�, !i �2 .' - fin' r'iii•�� `I.. �.j ,>F�t ^,� h �`L,}Y yp.. ._�+. Lz1 •��"... N lr�.+t•YM'}.TK1• At +'w,N. 1•'�'•'t . t - ..r, ri'jtr �� .' i�`.i^ '-''a'L';Lv' lr,�,_, f �• F•.k. c' ,. (y, _ - 5 ; �t•t . K . ,� !-.'.1 '!%' .L• . ,rt '1� =��C: r•.-,"-',1 '� 19r �yf • � .* 3E,'1a. ...).tip � r7S � �;I •. �:': r. 'Y1 i L � �... j ._ 'qx`•?+fit Y•, ,► .,$.of Allen. '•:The tiedian -age i -26'� th '-`n' mber'-bi children; 2':87 � ,husband/wife househd2ls,� 82.5 = . everage' household Rn` •' 4 _ -s • f.. s +� ; ,�'; •sise,, 3.27,, :and average: r ousehold income, '-$28,,'800 rt. � �^ - ;*yr � '.yam •%`= `Ph, � •�1''r••`•f'•' ': . ; .^ `-.-" '`' .. ' •' � � - "' r .+ �,,. t t _ .o _ JF ` Amenities «,•, included -in the development .include 'four; ti - spark :areas;"..playground 'areas' for .children, swimmi}�a ^ool`�R t. --- q� Y, `clubhous@ COurtPark. . tennis , 'end o ging trail'. Park. be -are included in each of the ark areas and .numerous P trees '+ • '-- µ , ` .,,�:: and =shrubs .,are included to enhance the beauty of,: the development. h`'�: "fir ,''{',, -- S` ,_ tl ♦.. . ,�• ', r�. ~ ``{'• .� •K' .� IThe generally .accept..ed -traffic analysis ,practice 'of r �';*;' N,i" :•�. �,three.,pirson'trips_ deily are used '-in'the:kstudy. ':'Two'tri ps _ •� Jr, y •.are,norm'a1-,during-peak tzaffic-:hours (to and `•from work) ti•,. and .one during off hours. It is: assumed' that the majority r had, of 'the -adult. 'vopulation w i-11..� •be remployed,,full' ' time %and -traffic ,flow projections F- re thus' based. '• Because of 'vacancies,•'different work szhedules, and other factors, =:..r the total available perscri trips should •be -reduced by 8-10%, v 7: Peak traffic periods are from 7:00 A.M. to ,9 a 00 and 4:00 P.M.. to 1,00 P.h''. Vonday through Friday. Upon-__' � ` _ completion of the rroject. =he 212 dwelling units should generate anoroxir?tely Ir--- = ound trius for the tnarninrand afternoon ueriod4s. Usines __ normal distribution curve, the. i two hour periods would se=_ ._.b vehicles arriving or Attachment tc rdinance No. 449 -8 -83, -ad• _ed 8/18/83 Exhibit "B" Page 6 leaving each minute. Considering that most cars going in and out of the planned community will be flowing with the traffic (southbound in the morning, northbound in the afternoon), no serious problems of traffic stacking or blocking are anticipated. Becsuse of the location next to the major shopping center in Allen, the person trips other than the rush hour periods should be minimized. The developer probably should take steps to increase access to the shopping center for -pedestrian residents. Table I, RANDOMIZED TRAFFIC AVERAGES FOR PEAK RUSH HOURS, is an actual count of vehicles on State Highway 5 at the site during the periods indicated. This table provides the information necessary for making the projection in Table IIg PROJECTED TRAFFIC AVERAGES FOR PEAK RUSH HOURS. Based upon this projection, average vehicles per minute for the morning rush hours traveling south on Highway 5 will be 11.16 while the average for the northbound afternoon period will be 11.69. These amounts should not change the level of service. Attachment tc -dinance No. 449-8-83, ads ed 8/18/83 Exhibit "B" TABLE I. RANDOMIZED TRAFFIC AVERAGES FOR PEAK RUSH HOURS Time AM Northbound Southbound 700-730 64 232 730-800 157 258 800-830 188 317 830-900 82 121 T_ 981 696 Page 7 Time PM Northbound Southbound 400-430 208 144 430-500 249 177 500-530 306 194 530-600 218 181 TOTAL PM 981 696 * TABLE II. PROJECTED TRAFFIC AVERAGES FOR PEAK RUSH HOURS (Cottonwood Creek Addition Only) Time AM Northbound Southbound 700-�30 128 335 730-800 242 367 800-830 280 439 830-900 150 198 TOTAL AM 28 1338 Time PM Northbound Southbound 400-430 305 226 430-500 355 267 500-530 426 288 530-600 317 272 TOTAL PM 1403 10§1 * Projected Traffic Averages For Rush Hours (Only Cottonwood Creek Apartments added) is based on the completed 212 unit project in 1985• EXTRAPOLATION OF DATA BY: Earl L. McCallon, Ph.D North Texas State University July 6, 1983 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF-COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a' general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing `of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on �I 3 �I7� and which was issued on p 1 , by \�__(�� 1� `�' ✓1 of Collin County, Texas. A printed copy of said publication is attached h o (SUBSCRIBED AND SWORN to before me this l��day of U `t' , A: D 19 Publisher's Fee $ a a� 1 'PUBLIC NOTICE The following ror- dinance was,+adopted by the Allen City Council in a regular session held on Thursday, August 18, 1983 (Title and Penalty Clause only). Ordinance No. 449.8-83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen. ding Comprehensive Zoning Ordinance No. 366.10.81,• W Previously Amended, -sol as to Change the " Following - Described Tract, of' -Land from snra3tL at! AO (Agricultural -Open Space) Classification to PD (Planned Develop- ment) No. 10. Said Tract of Land Being Desribed as Follows: Approx. imately 12.8 Acres of Land Lying in the Peter Wetsel Survey, Abstract No. 990, Collin Cppunty, Texas; Providinglor use Regulations; 'Providing for a Site Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two, Hundred Dollars ($200.00) for each Of- fense; Providing a Severability Clause; and Providing for the Effec- tive Date of Said Or. dinance' .k That +any: person, firm or coporationjviolating any of the provisions or terms of this Ordinance shall be subject to the same penalty as -provid- ed for in Comprehensive Zoning Ordinance No. 366-10.81, "�srpreviously amended,�nd(upon con- viction she`ll b purnished by a fl a no�jto bxceed ,the sum '4T & Hundred Dollars ($200.00) for, each ' dinance,may'be�read or pur6t ased in the;Office ' of,j�the ,,,City , Secretary, Nle`n.7 Municipal "'Annex, One'Butler*Circle!' Allen, Texas. Marty Hendrix ZfCity'SeVrretary (PubilshedInr1he AIIenlrAmerican on•Mon- day; August 2�1?1983 and Thursday,, August `25; Notary Public in and for C lin County, Texas CITY OF ALLEN PUBLIC NOTICE The following or- dinance was adopted by the Allen City Council in a regular session held on Thursday, August 18, 1983 (Title and Penalty Clause only). Ordinance No. 449.8-83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding Comprehensive Zoning Ordinance No. 366-10-81, as Previously Amended, so as to Change the Following- Descrlbed Tract of Land from t, +.' AO (Agric;ultur.al-Open Space) Classification to PD (Planned • Develop= ment) No. 10. Said Tract of Land Being Desribed as Follbws:� Approx- imately'`12.8,iAcres of Land Lying ' in ,the Peter: Wetsel Survey, Abstract No. 990, Collin County, Texas; Providing for use Regulations; Providing for a Site Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Hundred Dollars ($200.00) for ' eL�h' Of- fense; Providing a Severability Clause; and Providing for the'Effec- tive Date of Said Or- dinance. That any person, firm or coporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provid- ed for in Comprehensive Zoning. Ordinance No. 366.10.81, as previously , amended, and upon con- viction shall be punished L by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each —offense. A copy or anis or- dinance may berread or purchased in the; Office of the City .Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Marty Hendrix City Secretary (PubIIal d,; Inn -The Allen-Americaeon Mon- day, August 2211983 and Thursday, August 25, / AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been I by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing :M of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on (?1\\S3 and which was issued on I 1 J - , by C �� Cl'\' of Collin County, Texas. A printed copy of said publication is attached "to. SUBSCRIBED AND SWORN to before me this 1� day of Publisher's Fee $ 1 r1 elU — (0 Notary Public in CITY OF ALLEN NOTICE OF. PUBLIC HEARING Notice is hereby gives that the Allen City Coun cil at their regula meeting on Thursday August 18, 1983, at 7:31 p.m., at the Allei Municipal Annex Cit, Council Chambers, No. Butler Circle, Allen Texas, will conduct public hearing' to con sider rezoning and site plan approval on 12.1 acres of ' land as re quested by Westen Blair. The request is tc change the zoning oe 12.8 acres from AC (Agricultural Opec Space) to PD (Plannec Development) to include multi -family. This trac being situated in the Peter Wetsel Survey Abstract No. 990, ane further described as b'e Ing west of State Highway 5 and north o the Cottonwood_ Creel Shopping Center, Phase II. Anyone wishing tc speak FOR or AGAINST, this request is invited tq attend this. public hear Ing and voice their opi nion. If further information is needed, call the Allen Municipal Annex, Department of Com- munity Development, at 727-9171 or 4247518 (Metro) and refer to Zon- ing Case No. Z6-15-83-29. 6i Marty Hendrix City Secretary (Published in The Allen American on Monday, August 1, 1983): �-? C— , A.D. 19 0 --� . I v n for Collin County, Texas This Page is too large to OCR CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR 1W 3 ORDINANCE/RESOLUTION q 4 I DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.