O-1955-6-01ORDINANCE NO. 1955-6-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY
AMENDED, TO AMEND ORDINANCE NO. 641-10-85 PLANNED DEVELOPMENT
DISTRICT NO. 34 FOR 20.3121 ACRES OF LAND, MORE OR LESS, LOCATED IN
THE DAVID WETZEL SURVEY, ABSTRACT NO. 977 RECORDED IN VOLUME
683, PAGE 784, DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING
FURTHER DESCRIBED IN EXHIBIT "A"; BY AMENDING EXHIBIT "B" OF
ORDINANCE NO. 641-10.85 ="PD" MULTI-FAMH.Y RESIDENTIAL. DISTRICT
REGULATIONS AND "PD" MULTI -FAMILY GENERAL REQUIREMENTS;
AMENDING EXHIBIT "C" CONCEPT PLAN; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 of the City of Allen, Texas, 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
the Allen Land Development Code Zoning Regulations and Zoning District 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 Zoning District Map, of the City
of Allen, Texas, be, and the same are hereby amended by amending Planned Development No. 34 Ordinance
No. 641-10-85 for 20.3121 acres of land in the David Wetzel Survey, Abstract No. 977, Vol. 683, Page 784
CCDR, and being further described in Exhibit "A" and made a part hereof for all purposes, by amending
Exhibit "B" - "PD" Multi -Family Residential District Regulations and "PD" Multi -Family General
Requirements of Ordinance No. 641-10-85 to read as follows:
"PD" MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district provides a medium -density dwelling classification in the form of attached
dwelling units not on separate lots. This district should provide for about 12.58 dwelling units per
acre.
2. Use Regulations -A building or premise shall be used only for the following purposes:
a. Condominiums or apartments.
b. Accessory buildings and uses, customarily incident to the above uses and located on the
same property herewith.
3. Height Regulations:
a. No building shall exceed thirty-five (35) feet or three stories in height;
b. Buildings adjacent to any single family residential lot shall not exceed thirty feet (30'0") "two
(2) stories in height (Buildings 3, 4 and 5 Exhibit "C").
4. Area Regulations:
a. Size of Yards: Front, side and rear yards shall meet the setback requirements of Section 4.15.3
of the Allen Land Development Code for "ME -12" - Multi -family zoning districts.
b. The development of this tract shall conform with the attached site plan (`Exhibit C"). The tract
shall contain a minimum of three thousand (3,000) square feet per dwelling mt.
c. Minimum Dwelling Size - The minimum average floor area of any dwelling unit shall be eight
hundred and fifty (850) feet exclusive of garages, breezeways and porches.
d. 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.
5. Building Regulations:
a. Tvue and Materials -All main buildings shall have exterior construction of a minimum of 100%
brick, tiles, cement, concrete, stone, or similar materials. (Portland cement plaster and cement
based siding are acceptable as cement.)
6. All common areas shall be maintained by the owner, or owners association. Membership in this
association shall be limited to owners of units in the development. If there is an owners association,
the owners' association charter and regulations shall be approved by city staff at the time of platting.
"PD" MULTI -FAMILY GENERAL REQUIREMENTS.
In addition to the requirements stated in the revised ordinance, this proposed project will include the
following features and amenities:
1. All drives within the apartment portion will be private drives with concrete pavement, in accordance
Ordinance No. 1955-6-01, Page 2
with city standards.
2.
Fire hydrants are provided at 300' on center intervals in accordance with city requirements.
3.
Six foot high fencing shall be provided around pools.
4.
Open recreation areas shall be planted with grass and maintained by the apartment owner.
5.
A ten foot (10'- 0") trail meeting AASHTO standards shall be constructed from the intersection of
Park Place Drive along Cottonwood Creek to connect to the existing mail located on A.I.S.D.
property.
6.
An eight foot (8'0") masonry screening wall shall screen headlight from the multi -family
development onto the adjacent single family residential subdivision, and a combination of masonry
and wrought iron, tubular steel or painted aluminum fencing and vegetative planting shall be placed
along the property line with the Hillside Village Subdivision where headlight screening is not
necessary.
7.
Fencing along the drainage channel easement (Vol. 973 pg. 257 CCDR) and any floodplain areas
shall be wrought iron, tubular steel or painted aluminum.
8.
All landscaped areas will be provided with a sprinkler system.
9.
Screening at dumpster areas will be of masonry construction (steel support posts).
10.
Landscaping shall meet the requirements of Section 7.05.2 of the Allen Land Development Code, as
amended."
SECTION 2. Exhibit "C" Concept Plan of Ordinance No. 641-10-85 is hereby amended as set forth in
Exhibit "C" attached hereto and incorporated herein.
Ordinance No. 1955-6-01, Page 2
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, as heretofore amended, and as amended herein.
SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed, except that Planned Development No. 34, Ordinance No. 641-10-85, as
heretofore amended, and as amended herein, shall continue m full force and effect.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code, 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, as amended hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 7. Any person, fnn or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as pmvrded fm in the Allen Land Development Code, as previously amended,
and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars (52,000) for each
offense.
SECTIONS. 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, Texas 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 21sr DAY OF JUNE, 2001.
APPROVED:
x4Q -72:)p
SteSte h errell, MAYOR
M 9J114312 aI by.1.2 CO 811) Pu aVYY1[31P
Peter G. Smith, CfTY ATT RNEI� Y J y Mo n, CMC/AAE, CITY SECRETARY
Ordinance No. 1955-6-01, Page 3
PD NO. 34
ORDINANCE NO.
1955-6-01
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ORDINANCE NO.
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