HomeMy WebLinkAboutO-3250-9-14ORDINANCE NO. 3250-9-14
' 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 CHANGING THE ZONING OF
35.074± ACRES OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT NUMBER 325,
L.K. PEGUES SURVEY, ABSTRACT NUMBER 702 AND THE F.C. WILMETH
SURVEY, ABSTRACT NUMBER 999, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
FROM MULTI -FAMILY RESIDENTIAL `%F-18" AND CORRIDOR COMMERCIAL
"CC" TO PLANNED DEVELOPMENT NO. 118 WITH A BASE ZONING OF SINGLE
FAMILY RESIDENTIAL "R-7; ADOPTING A CONCEPT PLAN, DEVELOPMENT
REGULATIONS, AND BUILDING ELEVATIONS; 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 changing the zoning of 35.074±
acres of land, in the John Fyke Survey, Abstract Number 325, L.K. Pegues Survey, Abstract Number 702 and
the F.C. Wilmeth Survey, Abstract Number 999, City of Allen, Collin County, Texas ('the Property) and
more particularly described in Exhibit "A" attached hereto and incorporated herein, from Multi -family
Residential "MF -18" and Corridor Commercial "CC" to Planned Development No. 118 with a base zoning
of Single Family Residential "R-7" and adopting a Concept Plan, development regulations and building
elevations for the Property.
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 R-7 standards of the Allen Land Development Code ("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 after the general alignment shown on the Concept Plan may be made at the time of
platting.
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C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference.
D. STREET IMPROVEMENTS: Curtis Lane shall remain a four -lane median divided roadway
(M4D) north of Stockton Drive. South of Stockton Drive, Curtis Lane shall transition to a residential
collector (C2U-R), with a roundabout intersection at Stockton Drive. Curtis Lane shall be constructed
for the entire length and width, from its current termination to US 75, with the first phase of
development.
E. BUILDING SETBACKS: The building setbacks for the Property shall be as follows:
Front Yard Setback: Neighborhood A - 15 feet
Neighborhood B - 10 feet
Neighborhood C - 10 feet
Side Yard Setback: Neighborhood A - 5 feetll0 feet for comer lots
Neighborhood B - 5 feet/10 feet for corner lots
Neighborhood C - 0 feel on one side, 7 feet on the other side/10 feet for
comer lots; provided; however, at no time shall the 0 foot side yard occur on
both sides of the common side lot line of adjacent lots.
Rear Yard Setback: Neighborhood A - 15 feet
Neighborhood B - 20 feet
Neighborhood C - 20 feet
F. GARAGE SETBACKS: The minimum setback for garages shall be twenty feet (20') from the
property line to the garage wall exterior.
G. DRIVEWAYS: The driveways for the Neighborhood A (front -entry) product type shall be treated
with a decorative concrete aggregate.
H. LOT WIDTH: The minimum lot width shall be as follows:
Neighborhood A — 50 feet
Neighborhood B — 40 feet
Neighborhood C — 32 feet
L LOT DEPTH: The minimum lot depth shall be as follows:
Neighborhood A — 105 feet
Neighborhood B — 110 feet
Neighborhood C — 105 feet
J. LOT AREA: The minimum lot area shall be as follows:
Neighborhood A — 5,250 square feet
Neighborhood B — 4,440 square feet
Neighborhood C — 3,360 square feet
K. DWELLING UNIT SIZE: The minimum dwelling unit size shall be as follows:
Neighborhood A — 2,000 square feet
Neighborhood B — 1,750 square feet
Neighborhood C — 1,750 square feet
Ordinance No. 3250.9-14, Page 2
L. MAXIMUM LOT COVERAGE: The maximum lot coverage shall be as follows:
' Neighborhood A — 62%
Neighborhood B — 62%
Neighborhood C — 70%
M. DRAINAGE: The mnoff coefficient for estimating stormwater Flow shall be 0.8.
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 S. 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 9ra DAY OF SEPTEMBER, 2014.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. Geo RMC, CITY CRETARY
(kbl:WK/1657851)
Ordinance No. 3250-9-14, Page 3
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EXHIBIT "A"
LEGAL DESCRIPTION
LMAL DESMPTHIN
36.874 ACRES
BEING a Crap of bud situated in the JOHN FYKE SURVEY, ABSTRACT NL'BER 325, L.K.
PEOIIES SURVEY, ABSTRACT NUMBER 702 and the FC. WILME-M SURVEY,
ABSTRACT NUMBER 999. Collin Cmnry. Tena, end hong part of this trod of land conveyed
to KEY PARTNERSHIP NO. 2. LTD., according to the docwneat Ned of recorded under
Documrnl Numbs 93-0105764. Collin Coonty• Texas and being acre particularly described a
follows
COMENCING r a 54 inch von rod found in the wet line of Interstate Highway 75, a
vwW* width nigNof-way. for the northeast comer of WAL-MART SUPERCENTER, an
Addition to City of Allen, Collin County, Texas, according to the Plat thereof recorded in
Cabinet 2010, Slide 127, Map Records, Collin County, Tessa;
THENCE South 85 degrees 41 minutes 03 seconds West. keving said weer irc and with the
north litre of said WALMART SUPERCEN7ER Addition, a distance of 602.46 fat W a point
for the POIWr OF BKGINNING of the tract ol'lend heron described;
THENCE South 85 degrees 41 minutes 03 aecunds Wet, co inauiog with sad north bm. a
(butter of 607 20 fat W a 314 inch iron rod foul for a comer,
THEMi South 01 degrees 08 minuses 57 seconds Fart, with said earth line, a dissence of 82. W
fad W a 12 mch iron red with a yellow plastic cep stamped "DAA" aH for cam.
' THENCL Sash 88 degrees 37 mimeres 03 seconds West, a dialmm of 112.20 feet b a 12 inch
iron nod wish a yellow plastic cap stmµ+ed'DAA" ser for eonrr
THENCE South 01 degas 08 minutes 57 seconds Ear, mftm Ysg W the north lite of said
WAL-MART Addition, a distance of 49.03 Feet to a 12 inch iron rad with a yeltm plastic cep
munped'DAA" ort for comer;
THENCE South 89 degrees O6 minute, 51 secwds Wena, wish sud north lie, and paring at a
cluster of 454.06 fat Ur conum:n northwest comer of aid WAL-MART eract end the
northeast owner of thr erect of and convcyrd W Bossy Boob Holdings, LTD, accort irng to Me
documern filed of mord under Ikxummn Number 20120731000930950, Died Records of
Cohn Cowry. Texas said rnnsmwng with the north ime of acid Sony Beau Holdings trees- fm a
tad discos of 867.74 fen to a to a 12 inch int rad with a ydbw plastic cap stumped "DAA"
ser for she canon smthear comer of Quail Run P tee 1, an addition W the City of Allen,
Collin County, Tess, according W the phs filed of record under Cabinet Q. Slide 117, Map
Records of Collin County. Texas, sense bring the southwest earm of this erect;
THENCE Nath 10 degas 08 degrees 36 seconds East, loving the north line of said Diary
Roots Holdings sect with the sass her of sad Qnril Ran Phar, a disWee o(91.67 feet W s W a
12 inch one rod with a yellow plastic cap sumped'DAA" set fa customer r the beginning of a
puts
C:Wwrr'maulhwMw074AC anMinaomWraoMTempos.s,wu
F1ks'Cosrenn.Orbak�V RTVY20KiD0)90ESC-LINM
.G 11 a7aACdoc hoe lar)
Ordinance No. 3250-9-14, Page 4
EXHIBIT "A"
LEGAL DESCRIPTION cont.
cunt to the right fining a central walk of 70 degrees 52 minuses 46 seconds, s radius of 150.00
tea and a chord hearing and distance of North 45 degrees 34 mine¢ 59 swords 1". 956.74
fr gY
THENCE with the cast line of said Quail Run Phase I addition and the war line of Quail Run
Phase 2, an addition to the City of Allen, Collin Cavy, Texas, according In the plat filed of
record under Cabinet 2006, Slide 212, Mph Records, Collins County, Texas the following fourf 41
courses and dnan cea
With said curvy to the right, an arc distance of 1,051.52 fee to a 1.2 inch iron rod with a
yellow plastic cap stamped "DAA' son for corna.
Nath 9l degree. 01 mimic 22 seconds Fin, a dlsamor of 119.57 feat b a 1 R inch iron
net w M a yellow plastk cap stamped "DAA" as for oomer at the beginning of a cunt/ to
the kft having a crnval angle of 29 degrees 01 minutes 56 swonda, a radius of 745.00
fret and a chord boring and distance of North 66 degirm 30 minutes 24 aeconxb East,
373.47 foe;
With mid awe to the left, an we distance of 377.50 fat to a I inch iron rod with a
yellow plastic cap nenped "DAA" set for comer;
Nash 51 depem 59 noahaes 26 records East, a distance of 193.13 feet to a 519 inch iron
with a yellow plastic exp stamped 4W" found fa corner at the beginning of a nose n
the right, having a central mgk of 1 I depties 56 miasma 29 meads, a rad"nia 1,633.32
feet and a chord baring and distance of Norah 33 degrees 57 minuses 27 seconds Weal,
339.79 fees;
171ME Nordnwarerly, with said chase to the right, an arc distance of 340.10 fat to a 11 inch
von rod with a Yellow plastic cap stamped *'DAA" set for the northwest corner of a tact of lard
conveyed to hhatitute Of Boit Youth Conflicts, Ire , according no the discontent filed of record in
Volrane 2029, Page 934, and Volume 2277, Page 790, Ileal Rwands, Collas Coasts, Texas;
I HENCE Norm 61 agree 43 massages 49 seconds tag, laving the above mentioned cast Ince
NO with the amnion north line of said Institute of Basic Youth Conoids, Inc inset and muth
line of VILLAS OF COTTONW(M)D CREEK PHASE: 1, an Addition to the City of Allen,
Collin County, Texas according to the plat Ned of record in Volux 2006, Page 745. Map
Records, Collin County, Team. a distance of 247.36 feet to a I � inch von rod with a yellow
plastic cap snwtpad "DAA" son for corner for the tourist northerly northwest comer of this tract;
THENCE North 99 degrees 10 minutes 19 secorhds Eaux, continuing with mid conation line, a
dndu of 591.74 feet to a Irl inch iron nod with a yellow plastic cap sgmped'DAA" set for
the arwna northeast corm of said Iwurute of Basic Youth Conflicts, Inc. bract and , uthcast
corm of said VILLAS OF COTTONWOOD CREEK PHASE 1, same being in the west lire of
another train of Ind conveyed to Institute of Bask Youth Conf icM Inc., according no the
Cnntmut
idnSoanerallatlool'VRIVV20R,130]9DfSC-ZANING 35 n7aAC.doc Pw2cry
Ordinance No. 3250-9-14, Page 5
EXHIBU "A"
' LEGAL DESCRIPTION cont.
document Ned of record under Docummi Number 2005.0154890, Deed Records of Collin
County, Tan.
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THENCE South 12 degrem 11 misames 38 words Ent, w"h the omemon lee of doth Institute
of Basic Youth Conflicts, Inc. truss, a durance of 158.81 fed to a 112 inch uon rod mth e
yellow plastic cap atmgwd "DAA" we for comer,
THENCE South 19 degmea 40 minus 38 seconds W'eM Immo said common IIx, a durance
of 234.38 foci to a 11.1 inch uon rod with a yellow plastic cap stamped "DAA" set for corner.
THENCE South 19 deem 43 minutes 40 snoods Witt, a dintmce of 501.80 feet to a 10 inch
ban rod with a yellow plate cap stamped "DAA" wt for corner.
711ME South 19 degrm 45 minute 45 seconds West, a drstar� of 460.23 feet to the
POM Of BEGLNNING and contruning 35.014 acres of lanit moue or kas.
Ordinance No. 3250-9-14, Page 6
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EXHBIT'S"
CONCEPTPLAN
O in
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Ordinance No. .3250-9-14, Page 7
EXHIBIT "C"
BUILDING ELEVATIONS
Neighborhood A
Ordinance No. 3250.9.14. Page 8
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EXHIBIT"C"
BUILDING ELEVATIONS cont.
Neighborhood C
Ordinance No. 3250-9-14, Page 10