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HomeMy WebLinkAboutO-689-4-86ORDINANCE NO. 689-4-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 459-9-83 (PLANNED DEVELOPMENT NO. 13), TO CHANGE THE USE AND AREA REGULATIONS AND CONCEPT PLAN IN TRACTS 9 AND 10 TO ALLOW GARDEN HOMES AND SINGLE FAMILY DETACHED RESIDENTIAL HOMES ON 54.530 ACRES OF LAND OUT OF THE G.W. FORD SURVEY, ABSTRACT NO. 328, LOCATED NORTH OF BETHANY ROAD, EAST OF JUPITER ROAD, AND WEST OF COTTONWOOD CREEK, KNOWN AS THE COTTONWOOD BEND NORTH ADDITION, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS A PORTION OF PLANNED DEVELOPMENT NO. 13; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Planned Development Zoning Ordinance No. 459-9-83 should be amended to include the attachment of Exhibit "Ell, as the approved amended use and area regulations and concept plan for tracts 9 and 10 to allow garden homes and single family detached residential homes on 54.530 acres of land out of the G.W. Ford Survey, Abstract No. 328, located north of Bethany Road, east of Jupiter Road, and west of Cottonwood Creek, presently delineated on the Official Zoning Map as a portion of Planned Development No. 13. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: Ordinance No. 689 -4-86 - Page 1 SECTION 1. That from and after the effective date of this ordinance, Planned Development Zoning Ordinance No. 459-9-83 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "E" as the approved amended use and area regulations and concept plan for tracts 9 and 10 to allow garden homes and single family detached residential homes on 54.530 acres of land out of the G.W. Ford Survey, Abstract No. 328, located north of Bethany Road, east of Jupiter Road, and west of Cottonwood Creek, presently delineated on the Official Zoning Map as a portion of Planned Development No. 13. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance 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 3. That the above-described tract of land shall be used in the manner and the purposes provided for by the Planned Development Zoning Ordinance No. 459-9-83 of the City of Allen as amended herein by the approval of the attachment of Exhibit "E". SECTION 4. 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 the Planned Development Zoning Ordinance No. 459-9-83 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 5. That it appears the above-described property requires amended use and area regulations for tracts 9 and 10 in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 3RD DAY OF APRIL, 1986. Ordinance No. 689-4-86- Page 2 APPROVED: ATTEST: ma Marty Hendrix, CityFecretary APPROVED AS TO FORM: —ZI ::L A. Don Crowder, City Attorney Ordinance No. 6009-4-86 _ Page 3 Is - Prepared By: Don A. T ptor4 Inc. 6330 Belt Dine Road, Suite 'C' Garland, Tends 75043 (214) 226-2967 DON A TIPTON, INC. CONSULTING ENGINEERS 1972 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 Allen, Teras Site Sumiary.........................................Page 1 Density Analysis ..................................... 2 Proposed & Existing Lot Analysis ..................... 3 Proposed & Existing Unit Analysis .................... 4 Cottonwood Bend North Garden Hanes ................... 5 & 6 Cottonwood Bend North Single Family .................. 7 & 8 DEVELOPMENT SUMMARY 1 ;11 I 0 :J I' R. Tums Single Family (Detached) Single Family (Townhouse) Single Family (Garden Hanes) 34.060 20.470 -1- 21.522 (1.2 Acres) -0- 33.389 (0.3 Ac. Open Space) 54.530 Tract No. 3 4 5 6A 6B 7 9 10 ffi�S1TY AMLYSLS Zoning Allowable Units Platted Units Singl a Family 182 180 Detached Garden Hanes Single Family Detached Single Family Detached Single Family Detached Single Family Detached Single Family Detached Townhouse Single Family Detached -2- 261 261 170 150 134 134 137 137 203 198 146 77 149 202 1382 1339 // 11, ` " 11.1 : :• `I / •"� 1:1 • 'II 14'1• Y N 1• 11 Wo Za W• Existing Zoning Proposed Zoning Tracts 9 & 10 Tracts 9 & 10 Lot Square Footage Total Units 8 Total Units 8 Minimum 7,500 149 518 77 20% Minimum 5,000 -0- 08 202 72% Minimum 3,300 146 49% -0- 08 W S Edsting Overall 295 1008 279 100% Average - 5421 Proposed Overall Average - 5690 -3- Unit Square Footage Total Units % Total Units % Minimum 1,425 149 51% 89 32% Minimun 1,300 -0- 0% 140 50% Minimum 1,225 -0- 0% 50 18% Minimum 1,000 146 49% -0- 0% WMLS Existing Overall 295 Average - 1215 Proposed Overall Average - 1326 -4- 100% 279 100% PARCEL DESCRIPTION 1. General: This Tract shall be developed for single family detached hones generally referred to as Garden Home, Patio Home or Zero Lot Line Home. The Maximum number of dwellings shall not exceed 202 units in this tract. 2. Dm Regulations: A building or premise shall be used only for the following purposes: a. Single Family detached unit and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Special Use Permit. 3. Height Regulation: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. 4. A= Regulations: a. jUr& 9f Yard &: (1) Front Yard - There shall be a f ront yard having a depth of not less than twenty (20) feet. (2) Side Yard - A "zero" side yard shall be permitted for one side yard area of each lot. The other side yard of the lot shall provide space whereby a separation of ten (10) feet is always maintained between main structures. A side yard adjacent to a side street shall not be less than fifteen (15), even when a side yard is across from a front yard, the side yard shall be f if teen (15) feet. (3) Alternative Side Yard - A five foot set -back on either side of dwelling. (4) Rear Yard - There shall be a rear yard having a depth of not less than ten (101) feet. b. BI= Df JQt: (1) Lot Area - No building shall be constructed on any lot of less than five thousand (5,000) square feet. (2) Lot Width - The width of the lot shall not be less than f ourty- f ive (45) feet at the front building line. (3) Lot Depth - The depth of the lot shall not be less than ninety (90) f eet. -5- �� l� ' •� 1 ;r'11 ��'�1: �• W 1. General: his Tract shall be developed for single family detached hares generally referred to as Garden Home, Patio Home or Zero Lot Line Home. The Maximum number of dwellings shall not exceed 202 units in this tract. 2. , lUe_ Regulations: A building or premise shall be used only for the following purposes: a. Single Family detached unit and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Special Use Permit. 3. Height Eegulation: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. 4. Area Regulations: a. Size of Marls: (1) Front Yard - There shall be a front yard having a depth of not less than twenty (20) feet. (2) Side Yard - A "zero" side yard shall be permitted for one side yard area of each lot. The other side yard of the lot shall provide space whereby a separation of ten (10) feet is always maintained between main structures. A side yard adjacent to a side street shall not be less than fifteen (15), even when a side yard is across from a front yard, the side yard shall be f if teen (15) feet. (3) Alternative Side Yard - A five foot set -back on either side of dwelling. b. jSj= -Q-f- Imo: (1) Lot Area - No building shall be constructed on any lot of less than five thousand (5,000) square feet. (2) Lot Width - die width of the lot shall not be less than fourty- five (45) feet at the front building line. (3) Lot Depth - The depth of the lot shall not be less than ninety (90) feet. -5- �� a ^Los 11:3e,is �.•�►: 1. General: This Tract is designated for single family use. The maximum number of units in this Tract shall not exceed 77. 2. _U,-& Regulations: A building or premise shall be used only for the following purposes: a. Single -Family residential detached units and accessory buildings and uses custanarily incidental to this use. b. Church and church related uses as permitted by a Special Use Permit. 3. Height &gulations: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. 4. A= &gulations: a. Size -Qf yards: (1) Front Yard - There shall be a front 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 five (5) feet on each side of the lot 1 ine. A side yard adjacent to a side street shall not be less than fifteen (15) feet, even when a side yard is across frau a front yard, the side yard shall be fifteen (15) feet. (3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. B. Size Df 19t: (1) mot Ar - No building shall be oonstr ucted on any lot less than seven thousand five hundred (7,500) square feet. Such lot shall have a minimum buildable area of three thousand (3,000) square feet. (2) .Lt Width - The width of the lot shall be not less than sixty five (65) feet at the front street building line, nor shall its average width be less than sixty five (65) feet. (3) It Depth - The depth of the lot shall not be less than one hundred ten (110) feet, except that a corner lot or cul de sac lot may have a depth of less than one hundred ten (110) feet provided that the minimum depth is no less than ninety (90) feet. -7- I— C. Minimum Dwell ins Size: The minimum floor area of any dwelling shall be (1) 50% fourteen hundred and twenty five (1,425) square feet or (2) 50% thirteen hundred (1,300) square feet exclusive of garages, breezeways, and porches. d. Io -t- Coverage: In no case shall more than fourty (40) percent of the total area be covered by the ccmbined area of the main buildings and accessory buildings. a. Type 9f Materials: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. m 1 TP CIT -r or 11151 Fans 00D i n•cT . SF Al 6 •Cato (Biagio Family) ta.CT 5 ......G. a. - --- S FIQ �T (Bingle Family) Ta•CT � (Tw R.CT ) j Fa.CT . ,.... (?wla-Flai)t..6 .Cls. ,.also i.: case aanFF.aa Dona ..., 'Calla ruts-nn•r 4 ..Guam fi t�_ _ ALLEN N 1 DRfVE- Proposed Zoning HERITAGE PARK OWNER LNMI" City of Allen, Texas Tom :WANT N. FarTVaa 901 • TIFFa■ Irc 111 ::T9ANY aVLamt Goan ..N .LT Na■ ■C.n mV 'To C7[--[ ■Vaal, Falls 16.65 n.■Lana, nils 1.... o•n. ,v.a A 5o 6.. I.Q. 116. 1 I SCHOOL LAND USE DATA TRACT TOTAL PROPOSED TOTAL LOTS MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM DENSITY ACRES ZONING LOT 8 P LOT WIDTH LOT DEPTH FRONT YARD SIDE YARD REAR YARD UNIT 8 F PER ACRE 133 355 S -1e F..,IP 202 6000 .b' 90' 20' 10Ret.— 10' 1.25 2 6%) 6 p. 10 3 ..... .D.. mta.. x.m. •D...) M.aa�.$. 300 1%� �60 1 1226 )26%) 2 21 b22 Sl.$l. F-ly 77 7500 .5, 110 25' Ip' l...... 15' 1.2560%) 3 57 )1 2..r. aP.. S. Id,... 1300)60%) TOTALS 51 511 275 .L..6.. Th.. 5000 8 F prepared by prepared for DON A TIPTON INC LANDMARK ENTERPRISES CORPORATION CONSULTING ENGINEERS 55.3 SHERRY LANE $330 MELT LINE ROAD SUITE C DALLAS, TEXAS 15225 GARLAND, TEXAS 75043 —Z CONCEPT PLAN OTTONWOOD BEND NOR ALLEN, TEXAS o100 zoo 400 So. JANUARY 20. 1986 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charleiiiii", Jr. BEFORE ME, the undersigned authority, on this day personally appeared 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 Notice of Public Hearing - Landmark Development Company of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 26. 1986 and which was issued on 2-26-86 , by City o f Allen of Collin County, Texas. A printed copy of said publication is a ached hereto. Qj, SUBSCRIBED AND SWORN to before me this 13th day of March , A.D. 19 86 Notary F@blic in and for Collin County, Texas Publisher's Fee $ 16.80 ' r� C -Ir ;k.%ko QtY %v%4� 1 CEN ' NOTICE OF PUBLIC HEARING Notice is hereby given '�a(p that the Allen City Coun- cil will conduct a public hearing on Thursday, March 20, 19 6, at 7:30 p.m , in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a -re- quest -to amend Planned Development No. 13. -to change the. use and area regulations on Tracts 9 sand 10 to garden home lots consisting of` 5,000 square feet, and house sizes ranging from 1,225 to 1,425 square feet, as requested by Landmark Development Company - The .subject tract or land is located in the G W Ford Survey. Abstract No 328, further described as being north of Bethany Road, east of Jupiter Road and west of ,Cottonwood Creek. Anyone wishing to speak either FOR or AGAINST this amend- ment to Planned Development No. 13 is invited to attend this, public hearing and voice' their opinion. If further information is .required, contact the Department of Com- munity Development at 727-9171 or 424-7518 (metro). ,.Marty Hendrix City Secretary (Puplished in the Allen American on Wednes- �,day,_Fetiruary 26„1966.) 3~ a AFFIDAVIT AND PROOF OF PUBLICATION a `THF STATE OF TEXAS `# 11JOUNTV OF COLLIN _ Charles F. Barnard,'. Jr. BEFORE ME, the undersigned authority, on this day personally appeared ,.,who•having ` by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Teiat, not' less quently than once a week, having a general circulation in said county, and having been published regularly and' tinuously for, more than twelve months prior to publishing ; �Public Notice = Ordinance 4681, 688, & 689-4-86 of which the attached is a true and written copy, andwhich was published in THE ALLEN AMERICAN on �p>;il 9 and 13, 198 y 49,-'g6 City of Allen' � ., and which was issued on. - • by '<• of Catlin County; Teit;as. A printed copy of said publication is tach he et + .Ma ,'A.D. 19_E SUBSCRIBED AND SWORN to before the this 19 h day of - } Notary PubQN in and for Collin County, Texas ' Publisher's Fee 111"- .9 6 0 0 - ON Ap (1a�CiT'1/ OIr ALLEN mars ' Oel neated on' OUBLIC..NOTICE fJotica 15 hereby given! Sentl y the Official Zoning Mapi Center; Pro G`ffikt'lha_Alfait'Vty C6Uh=, as Shopping j Obit edapl'lld the fbll6wing Viding for a Penalty; Pro-, 16tdlnefibes qt their: viding for an Effective Data; h6d Providing for °regular meeting held on, Publication' of the Cap• , Thursday; April .3. 1988 tion; r(Titleer• end Penalty Thet-any person, firml Clauses,only):' OrdlAance No. of crorporailon violating 'or . f I�OZ•4•bd: An Ordinance 6 any of the provisl6ns . terms of this ordinance the City of Allen, Col- shall be subject to they ItIiri County, feuds, An- same penalty as provid- -nexing ,the Hereinafter, ed for In the cornprehen. Described Territory to the City d Allen, Texas,. •,sive Zoning Ordinance Approximately. 94.3613 No. 366-10-81 of the City !of Allen, as heretofore iAcres Located In the M68gA iJamisonSurvey,' lamended, and upon con." , Action shall be punished .Abstract No. 491 and T. 0. Kennedy Survey,, notto exceed Abstract No. 500, and the; 1heasfine um of Thou- i sand Dollafa (51,000.00) r °Jerenilah MUACy Survey,i Abstreot N6'621; Collin: for,each offense.', t ' f N6. t�rdlfi�nC� Comity, Texds, and Ex 889.4.88? An •Ordinance l,tertding the Boundary• Limits of the City so as of t09 --city of Allen, Col - ito� Ihcludb „ Said; Iln County, Texas, Amen-: ,ding Planked Develop' `H6jeinafter-Described ' property Within the City j ment Zoning Ordinance, "Limits and Granting ttl•Development No: 459-9.83 (Planned No. 13), to'l, 'All ^,InheDitants i?hd1 ChangetheUseandArea1 bwners of Said Property 'the J Regulations In Tracts 9 All of Rlohts and and 10 to Allow Garden' Privileges of Other 1 Cltliens and f3lHdlnd All.' and Faml., �I ' ihhabitente by 11 the bh ; ldentlalingle R sHomes Homes on 54.530 Acres of Land Outti tliiitifibds, AL'ts,'f Aesolu- or `,oi the G. W. Ford Survey, tl6nagand Regliletlons'bf Abstract , 328, Seld City; Providing a f3evereblllty Clause; and, Located Noith ! of..; (5iWolirig for the Effe6•. bate '.of Said Bethany goad, East of Jupiter goad, and West t11i6 ,Or•: 'of .Cottonwood Creek,, r flinahce. ( Oidlharlce N6 Known 'As the Cotton• I wood Bend North Atldl• .. '' 8bd•4•bd: An' Ordinance,l of the City bf Allen, Col- tion, t ,.Ilh Couhty, Tezas, Amen i Pr esently Delineated on : the Official Zoning Map dino�C?fipreheneiv6. iZoning - �r31na�S lvv. as a Portion of Planned 6e.io-81 of'the City of � 1Heretofore' Development No. 13; Providing for' a Penalty; ,Allen' as. IArhended so as to Attach Specific Use Permit for providing for an Etfec live Date; and Providing o ,,a, Private Club as an In=; for Publication ; of the cidentlal Use to Pardners " Caption. That any person, firm ;Restaurant Located 91 1802 E. Main Street; to AV , or corporation violating Itach as Exhibits the Site, ,shy of,the provisions or tPlsn,'''.Floor Plan,` :terms of this ordinance shall be subject to the Restaurant Elevations;, And Sign Layout for Pard.' ' gprvie penalty as provid• ed for, In the Planned Development, Zoning Or -1 dl'nance No. 459.9.83 of he City of Allen 'and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars $1,000.00) for each of.,', tense. Copies of , these ori dinances may be read or', purchased in the office' of the City Secretary; Allen' Municipal Annex; One Butler Circle, -Allen;' Texas. t Marty Hendrix 'l City Secretary (Published In the Allen American 'an,' Wednes• day, April 9, 1986 and Sunda , April 1211986.) !Y?�'• CITY,OF ALLEN N., puaOC NOTICE Notice 15 hereby given, Vthat the Allen City Couh til edopted the followint rordlhances ``at their regular dieeting held Thttriddy, April . 3, ,9 86 (tltl6J,,end' Penalty ClauSe9 only);. ,,,-. Ordinance No. Re7.4.88: An Ordinance of ihb City of Allen, G'ol- lin, County;Texas, ' An- nexing the Herelne,ttet- Des6iibed Tetriloty to the City of Allen, Texas, Approxii,hitely 94.3613 Acres Located 16 the MCBane Jamison Survey, Abstract No. 491 and T. G jfen'riady" Survey, Attract NG. 500, -and the ",4pioniiah Muncy.gCo1 , AL,stract No. 621, CoUnty,r tekd6i" End Ex. tending''the '13 ;1 Limits ,of the, city so to 4 incfu,de' h, Said Hereinafter-DEIR-6F6cd i property WiVlil;ariimC�11vl ' Limlt9 9nAT.0 t i Ali ' IntiabitAnts ' And Ownrirs,of Said Property) All of, ,the , Plights and privileges of Other( Citliens and Binding All I ' Inhabitants by all the Or- dinances, Acts, RAsolu: tions and Regulations ofI Saidi City; Providing Severablllty ClaUse; aril Providing for the Effec- tive Date of Said Or. dlnance. Ordlnsnce �,,, No. 688.4.86: An ordinance of the City of Allen, Col•; lin County, Texas• Amen.; 'ding 'CbmptahensIve. Zoning Ordinance 14 366.10.81 of the City of Aller( ,as Heretofore Arfiended so as to Attach a Specific Use Permit for a private Club as an In- ,tidential Use to Pardners (Restaurant Located et 602 If. Main Street; To F" tach as Exhibits the Site Plan, Floor Plan, Aestaurant ElevAtions, and Sign Layout for Pard- ners . Restaurant; Presehtly Delineated on the Official Zoning Map as Shopping Center; Pro- v lding for a Penalty; Pro viding for an Effective; Date; and Providing for; Publication of the Cap�1 tion. That any person, firm or ,corporation violating any'of the pfovisions or. terms of this ordinance; shall be subject to the game penalty 69 provid= ed for In the comprehen- sive Zoning Ordinance No, 366.10-B1 of the City of'.Allen,; as heretofore amended, and upon con•., viction snail be punished, by a.fiiie not to exceed the' sum of one thou" sand Dollars' ($1,000.00) for each offense: )!;! Ordinance No. X80.4.88'S An Ordinahcei `l,of-the City pl Allen, GOP `lln County, Texas, Amen -t ding planned Develop -i trent' Zoning Ordihance' No. 459.9.83 -(Planned Development No. 13). tol Change the Use and Area Regulations in Tracts 9 and 10 to Allow Garden Homes and Single Fami- ly Residenlial Homes on ,54.530 Acres of Land Out of the G, W. Ford Survey, Abstraci', Nig. 328, ;Located North ' of _Bethany Road, East of Jupiter Road, and West of CottvnNvood Creek. ,Known;'Ses the Cotton wood,,Abnd North Add tIoA". i Pretently Delineated on thta Official Zoning Map. h9` a Portion of Planned Development • No. 13; Providing for a Penalty; Provldifiq' for 'an Effec• '►ae vaTe; ana Prv�rvrr:c. 'tor Publication of ''the That any person, firm• of `corporation violating any of the provisions ori terms of thls,ordinande (shall be subject1O to the , same penalty as provid,', ed for in the Planned Development Zoning Or., dinance;No.`459.9.83 of the City of Allen and upon conviction shall be punished by a fine not to; (exceed the sum of One; 't ,housand' r Doilh ' ($1,000.00) lot each 01 -1 tense.'- Copies 'of theca or- dinances maybe read or I urchased In the offs( e of `the `City Sbcretary', 'Allen Municipal Annex, ,One Butler Circle, Aller(; Texas.:'., ' iy Marty Hendrix City Secretary (Published In the Allen American � on' Wednee• day, ' April 9; 19s8 and Sunday, Apr1112,1988. .