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HomeMy WebLinkAboutO-1153-2-93ORDINANCE NO. 1153-2-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERIMLANEWr ZONING, TO -WIT. FLOOD PLAIN/PLANNED DEVELOPMENT -RESIDENTIAL NO. 50 (FP/PD-R NO. 50), ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 63.111 ACRES OF LAND, MORE OR LESS, OUT OF THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR AREA AND USE REGULATIONS AND DEVELOPMENT STANDARDS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR THE rI1W 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. 829-11-87, 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. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following tract of land the following classification, to -wit: That the area be and the same is hereby zoned as Flood Plain/Planned Development - Residential No. 50 (FP/PD-R No. 50). SECTION 2: That the land use plan attached hereto as Exhibit "A" and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of establishing maximum density. SECTION 1 That the area and use regulations and development standards of this residential development conform to those provided herein as Exhibit 'B." 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 herein. 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. 829-11-87 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. 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 4 TH DAY OF FEBRUARY , 1993. /,, . , APPROVED AS TO FORM: rI"ppp,- Ordinance No. APPROVED: Gfl 4-� Farmer, MAYOR ATTEST: J',,Jii�i � 1153-2-93 Page 2 � D► I CB4 FP -PD LAND USE PLAN 63.11 Ac. CHAPARREL DR. 0 too' 700' Jar DAIS: SEPT. J0, M2 J.T. DUNKIN A ASSOCIATES, INC. UMM PLAW� u 104CAM ARansarM Ordinance No. 1153-2-93 Enhibit "B" REVISED PLANNED DEVELOPMENT STANDARDS CB -4 Limited Zoning Request January 29, 1993 FP- PLANNED DEVELOPMENT STANDARDS A. GENERAL: The following standards are set forth as the minimum requirements for development of this 63.11 acre planned development. The use of this property shall be for residential single-family dwelling units and park -open space. There shall be permitted a maximum of 206 single-family detached dwelling units in this planned development district. 2. This property is bounded on the east by Cottonwood Creek and its associated flood plain. The location of the final eastern boundary for the Residential Tract will be subject to determination by a flood plain study. It is estimated approximately 7.8 acres are within this flood plain. 3. Approximately 4.5 acres adjacent to the flood plain will be dedicated as additional land for park/open space purposes. The general location of this dedication is shown on the attached zoning exhibit. Final delineation for this property will be done during the platting process. B. RESIDENTIAL TYPES: General - The residential tract consists of approximately 51 acres. The residential tract will be developed under the standards in the following paragraphs. 2. Development Standards a. Purpose - These standards will allow single-family, detached dwellings, together with the allowed incidental and accessory uses. b. Use Regulations - A building or premise shall be used only for the following purposes: (1) Single-family detached dwellings (2) Other uses as allowed under the Schedule of Uses section of Zoning Ordinance 829-11-87. (3) Uses as may be permitted under the provisions of Section 3.06, Specific Use Permits of Ordinance 829-11-87. d. Height Regulations - No building shall exceed thirty (30) feet or two and one-half (2 Yz) stories in height. e. Area Regulations: 1 (1) Size of Yards: (a) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. A minimum of twenty (20) feet may be approved for the preservation of trees. (b) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) per cent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (c) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. (2) Size of Lot: (a) Lot Area - No building shall be constructed on any lot of less than seven thousand (7,000) square feet. (b) Lot Width - The width of the lot shall be not less than sixty (60) feet at the front street building line. (c) Lot Death - The depth of the lot shall not be less than one hundred fifteen (115) feet. (3) Minimum Dwelling Size: The minimum floor area of any dwelling shall be sixteen hundred (1,600) square feet, exclusive of garages, breezeways, and porches. (4) Lot Coveraae - In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. f. Building Regulations: (1) Type of Materials - All main buildings shall have exterior construc- tion of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. g. Parking Regulations: (1) Two (2) off-street parking spaces which do not encroach on the front or side yard areas shall be provided for each dwelling unit. (2) Any lot backing to the flood plain shall have a rear or side opening for a garage and no garage opening shall face the dedicated street. 2 h. Accessory Buildings (1) Area regulations are outlined in Section 3.08 of Ordinance 829-11- 87 for any permitted accessory uses for this Tract. C. OTHER REQUIREMENTS 1. A facilities agreement will be entered into by the property owner prior to approval of the final plat. This agreement shall set forth the developer's responsible share of the cost for the Chaparrel bridge crossing of Cottonwood Creek. Further, the agreement shall allow for this payment to be made on a per lot basis as lots are platted. 2. The above agreement shall also set forth this property's responsible share of median improvements for Chaparrel Drive for street lighting and irrigation, both of which will be payable at time of final platting. 3. Plans for an eight -foot (8') trail shall be submitted at the time of platting and installed by the developer within the flood plain area at time of development, in a location as may be directed by the City. The trail shall extend north -south along and generally adjacent to the eastern boundary of the residential tract. Installation shall take place during the development of the first phase of subject property. 4. A tree survey and flood plain study shall be submitted for review to the Planning & Zoning Commission prior to preliminary platting. The survey shall locate the approximate number, identification, location, and sizes of trees that are outside the flood plain. The City of Allen shall be responsible for tree preservation in the flood plain and shall require that the eight -foot trail referred to in Item #3 is designed to minimize tree loss. 5. A four -foot high wrought iron fence shall be installed at the rear of any lots backing to the flood plain at time of subdivision development. This fencing shall be installed on private property and shall be addressed in the subdivision deed restrictions in a manner which requires that any fencing or screening used be comparable to the wrought iron installed at time of development. 6. A rear building line shall be established on the final plat and shall be located for the protection of any trees located in the rear yard area for lots backing to the flood plain. No main structure or accessory structures, including pools, shall be permitted within the area between the rear building line and the rear property line. 7. At time of preliminary platting, protection shall be given to preservation of the large (Elm) tree located west of the tree mass adjacent to the creek. 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing 63.111 Acres _ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday November 11, 1992 _ and which was issued on November 1 1 , 1992 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of A.D. 19 9-� V. A. TODD MY COMMISSION 1D December 5, 1l Publisher's fee $ 16.88 BLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING (Public notice is hereby given that the Allen (City Council will conduct a public hearing at their regular meeting to be held on Thurs- day. December 3, 1992. at 7 30 p m. in the Council Chambers of the Allen Municipal Annex. One Butler Circle, Allen, Texas, to Iconsider a request to rezone 63.111 acres' of land from Agriculture -Open Space (A-0)' . to Flood Plain -Planned Development (FD - PD) for single family residential use This request is on property out of land si-. tuated in the R. C Whisenat Survey, Ab- stract No. 1012, in the City of Allen, Collin County, Texas, and being part of a 104 -acre tract as described in Volume 486. Page 361, of the Deed Records of Collin County, Texas, and part of a 25 -acre tract,., as described in Volume 486, Page 369 of , said Deed Records, further described as being located north of Chaparral Road and, , west of Cottonwood Creek. Anyone wishing to speak either FOR or AGAINST this request is invited to attend. this public hearing and voice their opinion' For further information, contact the Depart-, ment of Community Development. City of,, - Allen, One Butler Circle, Allen, Texas, or by` telephoning 727-0120. /sWudy Morrison City. Secretary SUBSCRIBED AND SWORN to before me this /a day of,A.D. 19 93 V. A. TODD MY COMMISSION EXPIRES December 5: i999 -- Publisher's fee $ 45.00 BLIC in and for COLLIN COUNTY, TEXAS ' CITY OF ALLEN- ` ! PUBLIC NOTICE - Notice is hereby given that the Allen City Council adopted the following ordinance at _I their regular meeting held on Thursday, February 4, 1993 (Title and Penalty Clausel only): Ordinance No 1153-2-93. An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Establish Permanents Zoning, To -Wit: Flood Plain/Planned Development -Residential No. 50(FP/PD- R No 50), on the Following Described Tract of Land: approximately 63 111 Acres of Land, More or Less, out of the R. C. Whisenant Survey, Abstract No. .1012, Collin County, Texas; Providing for a Land Use Plan, Providing for Area and Use Reg- ulations and Development Standards, Pro- viding for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing ifor a Severability Clause; and Providing for for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and 1upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A copy, of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. f/s/ Judy Morrison tCity Secretary FCITY OF ALLEN AFFIDAVIT AND PROOF OF PUBLICATION PUBLIC NOTICE - I Notice is hereby given'that the Allen City Council adopted the following ordinance at THE STATE OF TEXAS their regular meeting held on Thursday, COUNTY OF COLLIN February 4, 1993 (Title and Penalty Clause only): Ordinance No. 1153-2-93 An Ordinance BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE of the City of Allen, Collin County, Texas, TACKETT, who having been by me duly sworn, on oath deposes and says: Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously That she is the General Manager of THE ALLEN AMERICAN, a newspaper published Amended, so as to Establish Permanent COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulatioI I Zoning, To -Wit Flood Plain/Planned Development -Residential No 50(FP/PD- said county, and having been published regularly and continously for more than twelve (1; R No. 50), on the Following Described months prior to publishing Tract of Land: approximately 63.111 Acres ! of Land, More or Less, out of the R. C. Whisenant Survey, Abstract No 1012; Ordinance #1153-2-93 Collin County, Texas; Providing for a Land' Use Plan; Providing for Area and Use Reg- ulations and Development Standards, Pro- viding for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00)' for Each Offense; Providing of which the attached is a true and written copy, and which was published in THE ALLEN for a Severability Clause; and Providing for for the Effective Date of Said Ordinance AMERICAN on That any person; firm or corporation violat- ing,any of the provisions or terms of this Wednesday, February 10, 1993 & Sunday February 14, 199 ordinance shall be subject to the samepenalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the and which was issued on February 10, 1993 City of Allen, as heretofore amended, andupon conviction shall be punished by a fine not to exceed the sum of Two Thousand by City of Allen of COLLIN COUNTY, TEXAS. Dollars e. ",A opy (of this orrdinancefora ch ayffbe read or purchased in the office of the City Secret - A printed copy of said publication is attached hereto. .. ' Texasf y of Allen. One Butler,Circle, Allen, 2. /s/ Judy Morrison City Secretary ! - SUBSCRIBED AND SWORN to before me this /a day of,A.D. 19 93 V. A. TODD MY COMMISSION EXPIRES December 5: i999 -- Publisher's fee $ 45.00 BLIC in and for COLLIN COUNTY, TEXAS ' CITY OF ALLEN- ` ! PUBLIC NOTICE - Notice is hereby given that the Allen City Council adopted the following ordinance at _I their regular meeting held on Thursday, February 4, 1993 (Title and Penalty Clausel only): Ordinance No 1153-2-93. An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Establish Permanents Zoning, To -Wit: Flood Plain/Planned Development -Residential No. 50(FP/PD- R No 50), on the Following Described Tract of Land: approximately 63 111 Acres of Land, More or Less, out of the R. C. Whisenant Survey, Abstract No. .1012, Collin County, Texas; Providing for a Land Use Plan, Providing for Area and Use Reg- ulations and Development Standards, Pro- viding for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing ifor a Severability Clause; and Providing for for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and 1upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A copy, of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. f/s/ Judy Morrison tCity Secretary