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Home My WebLink AboutO-1166-4-93ORDINANCE NO. 1166-4-93 AN ORDINANCE OF THE CITY OF ALLEN, COILIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 625-8-85 AND COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING ON A PORTION OF FLOOD -PLAIN PLANNED DEVELOPMENT NO. 33 (FP -PD NO. 33) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 60.4951 ACRES OF LAND OUT OF THE J. M. DAVIS SURVEY, ABSTRACT NO. 255, AND THE J. A. TAYLOR SURVEY, ABSTRACT NO. 908, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN 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 EFFECTIVE 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 Ordinance No. 625-8-85 (Flood -Plain Planned Development No. 33) and F_ 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, and Ordinance No. 625-8-85 be and the same are hereby amended by amending the Zoning Map of the City of Allen on a 60.4951 acre tract of land, described in Exhibit "G" attached hereto and made a part hereof for all purposes, by changing the zoning classification on a portion of Flood -Plain Planned Development No. 33 (FP -PD No. 33). SECTION 2: That the land use plan and development standards for Phases I and II, attached hereto as Exhibits "G" and "H" and made a part hereof for all purposes, shall be adhered to in their entirety. SECTION 1 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 4: That the property described in Exhibit "G" attached hereto shall be used in the manner and for the purposes provided,for as approved herein. SECTION 5: 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 6: 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 7: 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 15th DAY OF APRIL ,1993. APPROVED: Me Farmer, MAYOR ATTEST- Mooson, CITY SECRETARY Ordinance No. 1166-4-793 Page 2 Ordinance No. 1166-4-93 EHhibit "H" SHADOW LAKES NORTH PROPOSED LAND USE DATA PLANNED DEVELOPMENT NO. 33 SHADOW LAKES RESIDENTIAL PROPOSED ZONING: No. of Units Den ' Tract Acres Zoning Bldg. S.F. S.F. A 13.6 Shopping Center 133,206 .22 B 4.2 Office 31,206 .2 C 23.5 Single Family -1 94 4.0 Low Density D 14.1 Single Family -2 60 5.0 Mid Density E 5.1 Flood Plain N.A. N.A. TOTAL ACRES 60.5 TOTAL BLDG. S.F. 164,412 TOTAL NO. OF UNITS 154 I. SINGLE FAMILY - 1 LOW / DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT C 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 7,000 S.F. This district will allow a maximum of 94 units. 2. FRONT YARDS Minimum front yard building line 25' (Twenty Five Feet) ordinance No. 1166-4-93 Exhibit "H" 3. REAR YARDS There shall be a rear yard having a depth being not less than fifteen (15) feet, with a minimum of Twenty (20) Feet for.garage setbacks. 4. SIDE YARDS A side yard provided for ten percent (10%) of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15') feet, even when a side yard is across from a front yard, the side yard shall be fifteen (15') feet. 5. LOT WIDTH There shall be a minimum lot width of (60') Sixty Feet measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of (105') One Hundred Five Feet and (95') Ninety Five Feet at Cul -de -Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. HEIGHT REGULATIONS No building shall exceed thirty five (35') feet or two and one-half (2-1/2) stories in height. 9. MAM51UM NUMBER OF DWELLING UNITS: 94 10. DWELLING SIZES Minimum dwelling size shall be 20% (1,800) SF, 20% (1,600) SF and 60% (1,400) SF exclusive of garages. Ordinance No. 1166-4-93 Exhibit "H" 11. 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. 12. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75 % brick, tiles, cement, concrete, stone or similar materials. All housing backing to Allen Heights Road, F.M. 2170 and South Fountain Gate Drive will require the back of the unit to be 100% brick. II. SINGLE FAMILY - 2 / MID DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT D 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 5,000 S.F. This district will allow a maximum of 60 units. 2. FRONT YARDS Minimum front yard building line 20' (Twenty Feet). 3. REAR YARDS There shall be a rear yard having a depth being not less than fifteen (15) feet, with a minimum of Twenty (20) Feet for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of Ten (10') Feet is always maintained between structures. A side yard adjacent to a side street shall not be less than Fifteen (15') feet, even when a side yard is across from a front yard, the side yard shall be Fifteen (15') feet. Ordinance No. 1166-4-93 Exhibit "H" 5. MINIMUM LOT WIDTH There shall be a minimum lot width of (50') Fifty Feet measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of (100') One Hundred Feet and (90') Ninety Feet at Cul -de -Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. HEIGHT REGULATIONS No building shall exceed thirty five (35') feet or two and one-half (2-1/2) stories in height. 9. NUMBER OF DWELLING UNITS: 60 10. MINIMUM DWELLING SIZES Minimum dwelling size shall be Twelve Hundred (1200) S.F. exclusive of garages. 11. LOT COVERAGE In no case shall more than Fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 12. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75 % brick, tiles, cement, concrete, stone or similar materials. All housing backing to Allen Heights Road, F.M. 2170 and South Fountain Gate Drive will require the back of the unit to be 100% brick. Ordinance No. 1166-4-93 Exhibit "H" M. DEVELOPMENT STANDARDS 1. At the time of preliminary platting, parks and open space dedication will be analyzed by the parks director of the City of Allen and final dedication, improvement requirements will be determined upon final site inspection and parks department review. 2. At the time of final platting R.O.W. dedication of F.M. 2170 will be required. 3. All lots backing to the floodplain and Allen Heights will not require alley service and will provide for side entry or wrap around rear entry garages. 4. Screening along Allen Heights, F.M. 2170 and South Fountain Gate Drive will consist of linear landscape and will be maintained by the property owners. The City of Allen screening requirements will be adhered to within the city R.O.W. 5. The developer will responsible for construction of two lanes (25') of Allen Heights Road and South Fountain Gate Drive. The developer will be required to enter into a facilities agreement for F.M. 2170 at the time of final platting of the property. ALLEN -Y,6 { TRACT A E)a=G SHOPPING CENTER 1300 ACM GAM FLOOD PLAIN 5.10 ICVM GRM TRACT D PROPOSED SINGLE FAMILY -2 AGD-DENSITY RESIDENTIAL 14.10 ACM GMM uu L TRACT C PROPOSED SINGLE FAMILY -1 LO W DENSITY RESIDENTIAL =50 ACIM GAiM I PROPOSED TRACT MAP i SHADOW LAKES NORTH - ALL EN. TEXAS l XCALaltt P%Xll/ - DAM 3003 - dM ACM OWNER DOUGLAS PROPERTIES — 2711` LS.J. Frwy. -� Suits 530 - Dalkm Texas 75243 I1 — ENGINEER Shadow Lakes TIPTON ENGINEERING. INC. Phase B 5330 Soft Line Rd - Suits C - Garland, Taxa 75043 ordinance No. 1166-4-93 Enhibit "G" EMSTUrG PA77O HOPS - - SOUTH FOUNTAIN GATE DRIVE F---] (-1 n n 1-7 I1 7-17-1 F--1 F-�l 011111111111 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 60.4951 Acre t of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, march 24, 1993 and which was issued on March 21, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this /7 V. A. TODD My COMMISSION EXPIRES December 5, 1998 Publisher's fee $19.13 day of A.D. 19 t 3 PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, April 15, 1993, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to amend Planned De- velopment No. 33 by eliminating 10.4 acres of multi -family and 12.255 acres of shopping center and office aqd adding 14.10 acres of patio homes and 23.5 acres of single family. This request is on property known as a 60.4951 -acre tract of land situated in the John Davis Survey, Abstract No. 25 and the J. A. Taylor Survey, Abstract No. 908, and further being all of a 2.035 -acre tr ct of land conveyed to Carnes Develop ent Company, all of a 56.90 -acre tract o land conveyed to Carnes Development om- pany, and all of Block A, Greenwo d Val- ley, Installment 1, further describe6 as be- ing located south of FM 2170,end,,6ast of South Fountain Gate Driver Anyone wishing to speak e� FOR or AGAINST -this rest is invited to attend this public hearirfg and voice thpif opinion. For furthe ' ation; contaefthe Depart- mdnt of Cnify Devd opment, City of Allen, One Butler Circle, Allen, Texas, orby telephoning 727-0120.. . Y :.s /s/ Judy Morrison City Secretary S 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 publishe COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulati said county, and having been published regularly and continously for more than twelve months prior to publishing Ordinance #1166-4-93 _ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, April 21, 993 & Sunday, April 25, 1993 and which was issued on April 21, 1993 , by C i t y of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this // V. A. TODD MY COWASSHNI EXPIRES December 5. IM Publisher's fee $45.00 day of ,A.D BLIC in and for COLLIN COUNTY, TEXAS 19 fl """""" CITY'OF AL'L'EN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the foHowing ordinance at their regular meeting held on Thursday, April 15, 1993 -(Title and Penalty Clause only) - Ordinance No. 1166-4-93: An Oronance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi nance No. 625-8-85 and Comprehensive - Zoning Ordinance No. 829-11-87, as Pre -i viously Amended, so as to Change the Zoning on a Portion of Flood -Plain Planned Development No. 33 (FP -PD No. 33) on the Following -Described Tract of Land; 60.4951 Acres of Land out of the J. M. Davis Survey, Abstract No. 255, and the J. A. Taylor Survey, Abstract No. 9d8, City of Allen, Collin County, Texas; Providing for a Land Use Plan and Development Stan dards; 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 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 upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) 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. s/ Judy Morrison City, Secretary, CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, April 15, 1993 (Title and Penalty Clause only): Ordinance No. 1166-4-93: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 625-8-85 and Comprehensive Zoning Ordinance No. 829-11-87, as Pre- viously Amended, so as to Change the Zoning on a Portion of Flood -Plain Planned Development No. 33 (FP -PD No. 33) on the Following -Described Tract of Land; 60.4951 Acres of Land out of the J. M. Davis Survey, Abstract No. 255, and the J. A. Taylor Survey, Abstract No. 908, City of Allen, Collin County, Texas; Providing for a Land Use Plan and Development Stan- dards; 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 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 upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) 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 BUtlei Circle, Allen, `j Texas 75002. /s/ Judy Morrison