HomeMy WebLinkAboutO-3370-3-16ORDINANCE NO. 3370-3-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND
ADOPTING BUILDING ELEVATIONS FOR 70.601± ACRES OF LAND IN THE T.
G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE
REGULATIONS OF PLANNED DEVELOPMENT NO. 105; 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations of Planned Development No. 105 and adopting a Concept Plan and Building Elevations for
74.601± acres of land in the T. G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas
("the Property"), described in Exhibit "A," attached hereto and incorporated herein by reference.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, except to the extent modified by the Development Regulations
set forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the
Single Family Residential District R-7 standards of the ALDC, except as otherwise provided herein.
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. 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: The Property shall be developed to general conformance with the
' Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
D. LOT STANDARDS:
The lot standards are as follows:
* Side yards that front a street.
2. Type D lots with both alley access and street access shall only be accessed through the alley.
3. Side setbacks for Type D lots shall he 7 feet and 3 feet, with a minimum of 10 feet of
separation between dwelling units. The 3 foot side setback for each lot shall be designated
with platting.
E. DENSrrY: The maximum gross density allowed shall be 2.7 dwelling units per acre.
F. SCREENING:
' L Screening along Bethany Drive may be provided in any one of the following ways:
a An eight foot tall earth berm.
b. An eight (8) foot tall living wall system that provides a structural framework for
evergreen plant material that can be trellised or espaliered within it and provides 80%
opacity within three years of installation.
C. Eight (8) foot tall masonry screen wall.
d. Any screening technique including a combination of items mentioned in a. thin c.
above that provides the same level of screening as approved by the Director of
Community Development.
2. Lots adjacent to the Neighborhood/Community Reserve Area may have decorative metal
fencing where indicated on the Concept Plan.
G. BUILDING SETBACKS:
Front and rear entry garages must be a minimum of 20 feet between the face of the garage
wall and the lot line.
2. Front porches on Type D lots shall be allowed to encroach 7 feet beyond the front building
line.
' H. MAILBOXES: Mailboxes for Type D lots shall be clustered mailboxes satisfying United States
Postal Service Requirements and located so that on -street parking cannot obstruct mail delivery.
THOROUGHFARES: All internal rights -of -ways shall be a minimum of forty-five (45) feet wide.
Ordnance No.- 3370-3-16. Page 2
Minimum
Product
Minimum
Minimum
Minimum
Minimum
Minimum
Maximum
Dwelling
Front
em
Type
Lot Width
Lot Depth
Setback
Setback
Side Setback
Coverage
Unit Size
(s .ft.)
A
90 feet
135 feet
15 feet
25 feet
10 feeNl5
55%
1,800
feet*
B
75 feet
130 feet
15 feet
20 feet
7.5 feet115
60%
1,800
feet*
C
62 feet
130 feet
IS feet
5 feet
6 feet/15
65%
1,800
feet*
D
55 feet
125 feet
15 feet
5 feet
7 and 3
65%
1,800
twills feet*
* Side yards that front a street.
2. Type D lots with both alley access and street access shall only be accessed through the alley.
3. Side setbacks for Type D lots shall he 7 feet and 3 feet, with a minimum of 10 feet of
separation between dwelling units. The 3 foot side setback for each lot shall be designated
with platting.
E. DENSrrY: The maximum gross density allowed shall be 2.7 dwelling units per acre.
F. SCREENING:
' L Screening along Bethany Drive may be provided in any one of the following ways:
a An eight foot tall earth berm.
b. An eight (8) foot tall living wall system that provides a structural framework for
evergreen plant material that can be trellised or espaliered within it and provides 80%
opacity within three years of installation.
C. Eight (8) foot tall masonry screen wall.
d. Any screening technique including a combination of items mentioned in a. thin c.
above that provides the same level of screening as approved by the Director of
Community Development.
2. Lots adjacent to the Neighborhood/Community Reserve Area may have decorative metal
fencing where indicated on the Concept Plan.
G. BUILDING SETBACKS:
Front and rear entry garages must be a minimum of 20 feet between the face of the garage
wall and the lot line.
2. Front porches on Type D lots shall be allowed to encroach 7 feet beyond the front building
line.
' H. MAILBOXES: Mailboxes for Type D lots shall be clustered mailboxes satisfying United States
Postal Service Requirements and located so that on -street parking cannot obstruct mail delivery.
THOROUGHFARES: All internal rights -of -ways shall be a minimum of forty-five (45) feet wide.
Ordnance No.- 3370-3-16. Page 2
J. STREET LIGHTING: LED luminaries may be used as street lighting within the neighborhood
sections. The location of all LED luminaries shall be in accordance with plans approved by the City
Engineer concurrent with approval of the plats and designs for public improvements for the Property
and various portions thereof. LED luminaries will be maintained by the respective homeowners'
associations or the Master Maintenance Organization which owners and/or maintains the portion of
the Property where such luminaries are located.
K FLOODPLAIN RECLAMATION: The final lot layout and determination of the amount of
developable area of the Property is contingent upon obtaining approval from the Director of
Engineering of a floodplain reclamation plan that complies with the City of Allen Drainage Criteria
Manual, applicable provisions of Article V of the ALDC, as amended, and otherwise does not present
an adverse impact to the floodplain and downstream properties by providing for no rise or increase in
storm water velocity and no decrease in valley storage. A minor reconfiguration or reduction in the
number of lots in order to comply with an approved floodplain reclamation plan shall not require an
amendment to the Concept Plan as long as the general alignment of streets as shown on the Concept
Plan is maintained and approved at the time of plat approval.
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 22"o DAY OF MARCH 2016.
APPR
Stephen Terrell, MAYOR
'APPROVED FORM: ATTEST:
Peter G. Smith, Shelley B. George, SECRETARY
imrM/is 75oae>
Ordinance No. 3370-3-16, Page 3
EXHIBIT "A"
DESCRIPTION OF PROPERTY
uETES ANO BOUNDS OESCWPOON
BEING a tract d bM dtwted In tins T.G. Npnedy 5are y, MMmcl M. MO. Cay of Mon. Cdlb
Cwnty, Tem. the wbj d tract app, o port.n at a tract cornered to Fraena, Form Colnwrb.
Ltd accerdlfN to the deed mcordee o Dowmpd No 2044--0DWSa of lM Net RacoNt, Cafe
Cwnty, Tam (ORCCI) pd being a porton M a tract con red to 1bMgamery Tee Forme LLL
according to the dead records in Doc. No. 2009-0814160 d 1M Ord Records, CMI'n County.
Tam (DINCT), and being a1I o1 a IR. Block 1, Wllllarm-Od Who, Addition w recorded In Cab.
2013, P9, 549 of On pot records. Conn Comply, Tom. (PACCI). the 'object tract bring non
wrpcularlf dncdMd of fallow.:
BEOWNNG at o I/2' mm rod iM plonk rap I lampad 'SPIARSENG' a on tM ewe line d
Betharry Urhw. a ornics Math d9M-M-way canarye! to tM CBy of Allen by Geed rearmed In
Document Na. 2002-0013685 DRCCT, for ON wrtMeN comon, of a bract cion" h JBGL
Hrthorne, LLL, recorded in DocumWN No 2014050100p42p200 ORCCT;
IHENCE at" t th aprepat Net three. the fallwirq
5 ovopnr W. 145.34 feet W a 1/2' hon and WNh plastic cop whinged SPVRSENG' se.
N W53'03' W. 5.00 fee to a 1/2' Iran and with plastic cop slanpad 'SPIr,RSENG' wt;
S 01'OWSr W, 489.69 fee to a 1/2' ver rad .ph plw6c wap stamped 'SPIARSENG' eat;
S 73'35'01' L 14143 feet to a 1/2' iron rod nth plastic cop damped 'SPIMSEN6' e;
Arountl a topped cone to 11% oft h Hing a canted "a of 002411', a mdhW d 322.50 he
a chord M S 16'4816' E - 36.05 fe an art Irgth of 36.07 he to a 1/2' Imp rod With
poetic cop Mpnped VIAJ?SENO' Not:
Md 5 0151'21' W. IM 75 IM W a 5/8' imp me Oth pbe5c cop mellped 'MW bred kr
' BW ewtho st corner d rW JBGL loopi time oM far tM IxNhwrt comer d a beet
cameyw to wlgm 5. Mwtipomory, Jr., TmwMe of the W iffon S Wldgoanery, Jr. Tinel D A NW
2005 Drceldonb T.M. recorded M Dacumerd W. 20140pOBO0p289950 MC1;iNENCE a the
convention line thpwl, the fdlompw
S 01'51'21' W. 1504-08 hM to a 1/2' Ira roil hue;
S 5'rSY31' E. 216.21 IM to o 1/2' Len me oM porta cop stamped -A RSENC eel;
Are S 004831' L 261.50 tee to 4 1/2' iron rad If poop, rap Nampd 'SPARSW10' e
an the north W M a ted wnrye l to Wdw^Wry Tin Farms, LLC. recoreed in Dcwnnnl W.
20gW713000874180 DlI=.
THENCE wines mid WlNpwwy Too Fai front the hllawing,
S 0346'31' G 56.92 hM Is a 1/2' iron roe with plaMk cap ,hmpad 'SPIJRSENG' rt:
N 2738'41' W, 51.32 Not to a 1/2' iron mol with plash, cap Nnmpd 'SFIARSENG' web
N 4W44'07' W, 11032 fel to a 1/2' Iran rod Mth pbsec cop damped 4WMSEN0' wet;
N 27"'17' W. 13038 M to 0 1/2' hon and with poetic cop marrin l 'SPVIRSENC' Not;
N 5747'38' W. 21597 fest to a 1/2' bon rod Mth pbstk cop stamped 'SPINISEN6' sob
N 74.2345 W. 21331 het to a 1/2' ban and Mth pbwtic cop Mampod *WMSENG' M;
N 755r45 V. 300A Net to 0 1/2' iron rod wit, plaNt rap enmped 'vIAMENG'
wthi 5722'4r W. 221]9 Net h o 1/2' Iron and wM pbMN cop .tamped VP ENG' set.
O3diaaace No, 3370-3-16 Page 4
N GlAY05' W. 25375 om to a 1/7' bn rod with plastic cap clamped SPIL R EK* wt.
' S WHIR' W, 157.10 last m a 1/2' ;ren red wM plastic cop stamped '6PW SEND' W.
N "'16'57' W. 51.10 deet b a 1/2' ian rod WTh platc asp damp 'SMRSENG' ast
N 51.36'57 W. 27.09 fest m a l/2' Pon tad In plass, asp camped 'SMARSEWC rot;
AM N 09'1730' E. 69.42 feet m a 1/2' iron rein with plakic cop smrnlWd '11ALFP' Ieu l 1w
tine mutlracl maser 0 lot 2, Black 14 MFbms—dd Didst" AddXbn. an addXlan rarordd In
Cadnot 2013. Puss 542 of tits PM Record.. CWdn Crony. Toms (PRCC1);
HENCE .tarp tM camas Ilm thenal, the Mol woslr :
N W'473W L 260.55 fest W a 1/2' imn rod wPh pinch, asp stampM i41U7' f"W;
N 6811'2r W. 164.26 fast m a 1/2' imn rad with plastic asp stamped 'l-XFr frond;
Md 5 W 45'57 W, 192.65 Inst b o 1/2' has and cth plastic cap camped i1kLFr fmM for
tins soWhwast coma of mid W 2. a" I;
HENCE ac. mid ldvntg 7 T. Prom bpi, OW folbwirp:
S 09'59'03' W. 49.31 IM % a 1/2' pan rm won plakc ,tip elanpm 'SPIARSEN7 ml
N 61'5537' W. 5133 M Ac • 1/2' Is, rad wip plastic cap slompm SPPASDW rot
N 3835'51' W. 176.70 fast b a 1/2' Iron rod with PIaWc M stamped SPNRSEK* me
N 45'21'35' W. 15.5.24 IM b a 1/2' Iron and stU plame cap Pon SMARSp7 ml;
N 071743' W, 14606 lest to a 1/2' iron rod with pla9k asp Ramped SPNRSDW ut
N 6T2936' E 207.69 fast to a 1/2' iron rad with plastic cap stamped IPIARSM' asL
N W4Q'W W. 147.17 fast fa a 1/2' imn tad wM plastic asp skimp" SPPRSENG' me
' N 2023'14' W. $2.24 feet is, a I/2' iron rad win plastic asp stamped SPWMENG' est:
N 52'39SS' W, 94.07 feel to a 1/2' Iron rad with plastic cap stoned 'SPIAJMMG' rot
Md Al 3723'N' F 65.17 feet m a 1/2' iron rod wM plastic asp eW^ped SPPASEl17 eel for
0. mast muthcy cpm, of The Neadas 4P NantpoWry Form, an addtic, recorded in CabNW
R. Pep 73 PR=..
THENCE clasp tti tainmen line in~. the f ll w"a
N 3820'39' E. 51.51 fast t, a 5/r ion red weh plaellc mp stomped 'IOUAR' fauna:
S 7705'"' E, 112.12 fM Is, a 5/6' ;rm rad wWI pkmfc mp comped 70LLW found:
N 76'42'4i' E, 13576 fast to a 1/2' lam rsd With plastic asp starnpd SPKRSF717 mt
N 5830'25' E 135.77 fist to a I/2' iron rod .!in plastic asp stamped SMARSENG' set.
N 3,118'6' E 135.76 het to en 'X' rot in concMe:
Ordinance No. 3370.3.16, Page 5
N 09'32'21' E, 431.14 IM to a 1/2' bon rod with plodic cap damped SPIIRSEN W on the
MO One of Wald DIM. a 45 east right-of-lora.
' T NCE S 5732'35' L 75.31 IW m a 1/2' iron rod will, pothe cep etompod 'SPW6ENG' W;
5 5732'35' E. 105-05 feel to a 1/2' ten red 4th plmac cap Vamped SPIMSENG' W,
5 4722'35' IS MAO 163 to a 51W than W wM pNetic cap damped 20LLAN' lard:
5 5722'35' E 50.00 foot to a 1/2' tan rood With pledk cap Maenad SAIISING' eel.
N 0737'25' E. 169.65 fed 1a an 'N' W In auvetw
MMn0 a lar"M ale to IM alone IWng a antml ant's of 20320040, a rodiw of 175.W hd
o chord d N 1753'27' E - 62.35 IM an or, length of 42.72 W W a 1/2' iron rod wiel
olodic cap stamped 'SPpaSDW ed:
N 23'09'26' 6 7730 IW In a paint M a addgs:
Moaned a ear wrot save to tot lea hood" a aMd alple of 174327', a radius of 232.50 heel
a attend d N 164746' E - 5133 bed an art length of 51.63 tort to a 1/2' iron had d6,
pledo, aap damped "WKRS MG' WN 10'26'02' F, 25.45 red to a 1/2' livn red e5h plastic
cap dampod SPMENG' W;
Met goo nd a an-tangent curve to the tight Met" a cenhml angle of 5032'50', o hadleo of
20.00 foeE a chond oe N 36'50'59 E - 17.06 Net, an arc length of 17.64 IMI b a 1/2' iron
rad with plastic cap shampd SPUNSENG' M on the south fine d Who, dive:
INEIICE aim 5N eoulh lien d Bethoml Drive, the foliating.
Mound a ave,-tangent curve W the right hev4g a canhol angle at 0332'41, a raims 0
1015.50 IW. a chord of 5 74'47'57' E - 62.118 IW, an an length d 6288 feet to a 1/2'
ion rod veld plook cap sherpd SpVISSMG' r!
5 7701'36' E, 103.51 IW W a 1/2' Iron and wah plwk cap damped SPOASENG' W;
'
And areal a tergal curve to Nr lea having a antral angle M 375056', a radius d 1133.50
fW a ahMC of 5 59'31'04' E - W3.52 fW an arc length of GW50 IW b lM PONT D1
Bt7GBMING whh the euplod trod cartolning 3249.032 square two Or 74.601 oaa of lad
1
Ordinance No._ 3370-3-16 Page 6
L
EXHH3TT'B"
CONCEPTPLAN
Ordinance No. 3370-3-I6, Pngc 7
E
n
EXHIBIT "C"
BUILDING ELEVATIONS
90' Lots (Type A) — Elevation Concept Renderings
fawae Mmenal:: Bruck stone, stucco
Roof Materwb: Asphalt SMngle%Sending Seam Metal, TBe
AYMY"
rc"`_
Ordinance No. 3370.316, Page 8
1
EXHIBIT "C"
BUILDING ELEVATIONS cwt.
75' Lots (Type B) — Elevation Concept Renderings
fapde Materals: gfldk,Stonq Stumo
Roof Matensls: RSDhah Shingles, Standing Seam Metal, rile
Ordinance No._ 3370-3-16, Page 9
EXHIBIT "C"
' BUILDING ELEVATIONS cont
62' Lots (Type C) — Elevation Concept Renderings
fapOe Materlols: Brld, Ston, SW¢o
Roal MatenaB: Mphah SMnBlea, StandlnB Seam Metal, TMe
Ordinance No. 3370.3.16. Page 10
EXHIBIT "C"
1 BUILDING ELEVATIONS cont.
55' Lots (Type D) — Elevation Concept Renderings
1
1
Fa,ade
Materials: Brice, Stone. Stucco, Wing
Roof Matedab: Mpt'att SMngles, Standing Seam Metal, tae
Ordinance No. 3370-3-16, Page 11
media
trr � � rig: rlt
Allen American, Celina Record, Internet
AFFIDAVIT OF LEGAL NOTICE
I, Nick Souders, Inside Sales Manager of the Allen American, Celina Record, Internet a newspaper printed in
the English language in Collin County, State of Texas, do hereby certify that this notice was Published in the
Allen American, Celina Record, Internet on the following dates, to -wit
Allen American 03/24/16 03/31/16
Celina Record 03/25/16 04/01/16
Internet 03/24/16 03/31/16
PO# 90460;
$126.00
(Cost)
of the Allen American, Celina Record, Internet
Subscribed and sworn on this
q
I day of r t --e. '201 w
lu
JONI CRAGHEAD Notary Public, State of Texas
Jotary PUDlic. State of Texas
Comm. Espres 03-14.2020 11
www.starlocalmedia.00m
624 Krona Drive, Suite 170, Plano, TX 75074
Name:
03/24/16 to 04101/16
Company:
CITY OF ALLEN - CITY SECRETARY
Address:
305 CENTURY PARKWAY
Ad Taker:
ALLEN, TX 75013
Account ID:
45160
Account
6
Telephone:
(214)509-4108
Fax:
(214)509-4116
E-mail:
acwuntspayable@cityofallen.org
SIC code:
3.5
Publicalions:Allen American, Celina Record, Internet
Classified (972) 422 -SELL
Recruitment: (972) 578 -WORK
Legals: (972) 398-4233
Run dates:
03/24/16 to 04101/16
Class:
1710
Ad ID:
87228
Ad Taker:
JCRAGHEAD
Sales Person:
005
Inserts:
6
Words:
182
Lines:
32
Columns:
3
Depth (Inches):
3.5
Payments: Method Card Name Last Expire Check
Type on Cad Diow Date Number
Paid Amount: - $0.00
Amount Due: $126.00
LF*AL NOTICE
CITY OF ALLgq
ENTBLIc won"
Notice is hereby given that the Allen City Council adopted the finkw-
ME Orthimnce at its regular meeting held on Tuesday, March 22,
2016.
ALLEN LAND
CONCEIT PLAN, AND ADOPTING B
74.601* ACRES OF LAND IN THE
TRACT NO. 500, CITY OF ALLEN, CI
PROPERTY IS LOCATED IN AND SUE
OF PLANNED DEVELOPMENT NO.
ING AN EFFEC TIE DATE
A copy of this Ordinance may be runt t or purchased in the OI
the City Secretary, Cay of Allen, 305 Century Parkway, Allen,
75013 or may be viewed at www.cnyofallen.orR
/a/ Shelley B. OmW, City Senetary
Amount
Paid
03/23/16