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O-1811-3-00ORDINANCE NO. 1811-3-00 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM AGRICULTURE -OPEN SPACE TO PLANNED DEVELOPMENT DISTRICT FOR R-5 SINGLE FAMILY RESIDENTIAL, R-6 SINGLE FAMILY RESIDENTIAL, R-7 SINGLE FAMILY RESIDENTIAL AND SHOPPING CENTER USES BY APPROVING PLANNED DEVELOPMENT DISTRICT NO. 86, FOR 83.5 ACRES IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AND A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, be amended by granting a change in zoning for Agriculture -Open Space (AO) to Planned Development for R-5 Single Family Residential and Shopping Center Uses by approving Planned Development No. 86, for the following -described tract of land: 83.5 acres in the John Fyke Survey, Abstract No. 325, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B" which is a part hereof for all purposes and the following Development Regulations: A. Concept Plan: The property shall be developed in accordance with the Concept Plan (Exhibit `B"). 1 B. Base Zoning Districts: 1. Tract 1: located south of Stacy Road, west of Curtis Lane, east of Watters Road and north of Tract 3 is subject to "SC" Shopping Center Zoning Districts regulations except as otherwise provided herein: Ordinance No. 1811-3-00, Page 2 a. In the event Shopping Center uses permitted in the `5C" — Shopping Center and/or Commercial was abut residential uses a solid masonry screening wall of a minimum of eight feet in height shall be erected on the property line separating these districts. For ' Commercial uses adjacent to the conservation and drainage easement the screening wall may consist of wrought iron and landscaping. b. Landscaping along Watters Road shall include contouring and planting as described in Exhibit "C", attached hereto and made a part hereof for all purposes. c. Exterior building materials shall be not less that 100% masonry construction. d. All mechanical equipment located on the roof of any building shall by screened by parapet walls or other means. e. All electrical utility service facilities shall be located underground. 2. Tract 2: located east of the Kittyhawk Subdivision and south of Stacy Road west of Watters Road, and south of the drainage and conservation easement east of Watters Road to the centerline of a north -south local street shown in the Concept Plan (Exhibit `B") is subject to "R-5" Single Family Residential Zoning District regulations except as otherwise provided herein: a. A fifteen foot (15'-0") tree row conservation easement shall be established on all lots that back upon East Kittyhawk Drive. ' b. A 7.5 -foot tree row conservation easement shall be established along the southern perimeter. c. The conservation and drainage easement traversing the tract shall be accessible to residents and maintained by a mandatory homeowner's association. d. Fencing of lots that back upon the conservation and drainage easement shall be constructed of wrought iron or aluminum, with 75% transparency. e. Landscaping along Watters Road shall include contouring and planting as described in Exhibit "C." f A hike and bike trail eight feet (8-0") in width shall be constructed within the conservation and drainage easement and maintained by a mandatory homeowner's association. g. All lots which do not abut an alley with front entry garages or which have access to the garage from the street shall have a minimum lot width of 65'-0" at the building line. 3. Tract 3: located east of Tract 2 from the centerline of a north -south local street shown on the Concept Plan (Exhibit "B"), south of the drainage and conservation easement, west of Curtis Lane and south of Tract 4 is subject to "R-6" — Single-family Residential District ' regulations except as otherwise provided herein: Ordinance No. 1811-3-00, Page 2 a. A conservation and drainage easement traversing the north edge of the tract shall be accessible to residents and maintained by the duly constituted homeowner's association. b. Fencing of lots that back upon the conservation and drainage easements shall be constructed of wrought iron or aluminum, with 75% transparency. c. Landscaping along Watters Road shall include contouring and planting as described in Exhibit "C." d. A 7.5 foot tree row conservation easement shall be established along the southern perimeter. e. A hike and bike trail eight feet (8-0") in width shall be constructed within the conservation and drainage easement and maintained by a mandatory homeowner's association. h. All lots which do not abut an alley with front entry garages or which have access to the garage from the street shall have a minimum lot width of 65'-0" at the building line. 4. Tract 4: located west of Curtis Lane, south of Tract I and north of the conservation and drainage easement is subject to "R-7" Single-family Residential District regulations except as otherwise provided herein: ' a. Minimum lot size is 6,000 square feet. b. Minimum lot width is 52.5 feet, except that all lots which do not abut an alley with front entry garages or which have access to the garage from the street shall have a minimum lot width of 65'-0" at the building line. c. Minimum lot depth is 100 feet. d. Minimum dwelling size is 1,200 square feet. e. Fencing of lots that back upon the conservation and drainage easements shall be constructed of wrought iron or aluminum, with 75% transparency. C. Open Space: 1. There shall be a minimum of one (1) acre of open space per seventy-five (75) dwelling units within Tract 2 of this Planned Development and shall be generally located as depicted on the Concept Plan and identified as Open Space. 2. All existing trees shall be preserved to the extent possible. D. Homeowners Association: ' 1. A mandatory Homeowners Association shall be established and created to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of the open space and common properties including but not limited to the private street, Ordinance No. 1811-3-00, Page 3 subdivision entryway features and monuments, screening walls, gates landscaping, landscape systems, and related amenities. 2. Dedications to Homeowners Association: All open space and common properties that are to be operated, maintained and/or supervised by the Homeowners Association shall be dedicated by easement or deeded in fee simple ownership interest to the Homeowners Association after construction and installation as applicable by the Owner and shall be clearly identified on the record Final Plat of the property. 3. Approval: A copy of the agreements, covenants and restrictions establishing and creating the Homeowners Association must be approved by the City prior to the approval of the Final Plat of subdivision and must be filed of record with said record plat in the Map and Plat Records of the County. The record Final Plat shall clearly identify all facilities, structures, improvements, systems, areas or grounds that are to be operated, maintained and/or supervised by the Homeowners Association. 4. Content of Homeowners Association Agreements: At a minimum, the agreements, covenants and restrictions establishing and creating the Homeowner's Association required herein shall contain and/or provide for the following: a. Provisions acceptable to the City for the establishment and organization of the mandatory Homeowners Association and the adoption of by-laws for said Homeowners Association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive purchase(s) shall automatically and mandatorily become a member of the Homeowners Association; b. The initial term of the agreement, covenants and restrictions establishing and creating the Homeowners Association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods, and the Homeowners Association may not be dissolved without the prior written consent of the City; c. Provisions acceptable to the City to ensure the continuous and perpetual use, operation, maintenance, and/or supervision of all facilities, structures, improvements, systems, open -space or common areas that are responsibility of the Homeowners Association and to establish a reserve fund for such purposes; d. Provisions prohibiting the amendment of any portion of the Homeowners Association's agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, areas or grounds that are the responsibility of the Homeowners Association without the prior written consent of the City. e. The right and ability of the City or its lawful agents, after due notice to the Homeowners Association, to remove any landscape systems, features or elements that cease to be maintained by the Homeowners Association; to perform the responsibilities of the Homeowners Association and its Board of Directors if the Homeowners Association fails to do so in compliance with any provisions of the ' agreements, covenants, or restrictions of the Homeowners Association or of any applicable city codes or regulations; to assess the Homeowners Association for all costs incurred by the City in performing said responsibilities if the Homeowners Ordinance No. 1811-3-00, Page 4 E Association fails to do so; and/or to avail itself of any other enforcement actions available to the city pursuant to State law or City codes or regulations; and f Provisions indemnifying and holding the City harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscape systems, features or elements that cease to be maintained by the Homeowners Association or from the City's performance of the aforementioned operation, maintenance or supervision responsibilities of the Homeowners Association due to the Homeowners Association's failure to perform said responsibilities. E. Screening and Landscaping alone Stacy Road and Watters Road: A 10 -foot landscape buffer upon which perimeter screening shall be constructed generally in accordance with Exhibit "C", combining screening walls and hems along Watters Road. In addition, a minimum of one (1) shade tree with not less than three -(3) inch caliper shall be planted fifty (50) foot on center and one ornamental tree shall be planted for every two (2) shade trees F. Alleys: Alleys shall not be constructed adjacent to any open space areas or adjacent to the tree line along the southern or western property lines of the Planned Development. G. Street Lights 1. Street illumination plans shall be approved by the City Traffic Engineer. 2. Minimum pole standards shall be square, straight steel painted dark bronze with an anchor base except as may be otherwise approved by the Commission. 3. Luminaire type shall be TXU Electric standard rectangular metal with High Pressure Sodium Lamps. All service shall be underground. 4. Illumination standards shall conform to the following requirements: Ordinance No. 1811-3-00, Page 5 L Street Type, Light Nominal Average Spacing Mountin Pole Style Paving Width Source Lamp Illumination (in feet) g Height Configuration (in feet) Sim (in Intensity in (in feet) Watts) Foot-Candles Local BPS 100 0.4 to 0.6 250 to 350 16-26 Steel or Residential Fiberglass 27-31 Ft. HPS 150 0.4 to 0.6 200 to 300 26 pole Residential HPS 150 0.4 to 0.6 200 to 300 32 Steel or Collector Fiberglass 36 to 40 BPS 200 0.4 to 0.6 250 to 300 32 pole Non- HPS 150 0.6 180 to 220 32 Existing Residential utility, or Collector HPS 200 0.6 200 to 240 32 Steel pole 44 Undivided Minor Arterial BPS 150 0.6 TO 0.9 220 to 280 32 Twin 2 — 22 Lanes Luminaries W/ BPS 200 0.6 TO 0.9 240 to 280 32 on Single 14 Ft. Median Steel pole in median Principal HPS 150 1.0 175 [0 200 32 Twin Arterial 2-33 Luminaries Ft. Lanes w/14 BPS 200 1.0 190 to 230 32 on Single Ft. Median Steel pole in HPS 250 1.0 230 to 280 to 40 median H. Streets and Thoroughfares: 1. At the time of platting, right-of-way for Stacy Road, Watters Road, and Curtis Lane shall be dedicated to the City. 2. Subdivision will have two (2) points of paved access prior to the issuance of any building permit. 3. Any construction of Stacy Road shall be coordinated with and approved by the City Engineering. 1. Shopping Center Lighting adjacent to Sinale Family: 1. Parking Lot and Loading Area Lighting a. The mounting height of luminary fixtures shall not exceed the following: Minimum Dimension Maximum Luminary of Parking Area Mounting Height 0 - 60 feet 14 feet 61 - 196 feet 20 feet 197 or greater feet 25 feet Ordinance No. 1811-3-00, Page 6 b. Standards, poles and fixture housings shall be of a single color and compatible with the architecture of the building. ' c. Minimum pole standards shall be square, straight steel painted dark bronze with an anchor base except as may be otherwise approved by the Planning and Zoning Commission. d. Luminaire type shall be TXU Electric standard rectangular metal with High Pressure Sodium Lamps except as may be otherwise approved by the Planning and Zoning Commission. All service shall be underground. e. All lighting fixtures shall be fully shielded. 2. Non-residential Walkway Lighting a. The mounting height of luminary fixtures shall not exceed 12 feet. b. Pole and wall -mounted fixtures mounted above 8 feet shall be fully shielded. 3. Non-residential Accent Lighting a. Lighting may be used to highlight landscape elements, building entries other important architectural elements, and site elements such as opaque signage, fountains and sculptures. b. Lighting shall be concealed or otherwise positioned in such a manner that the light source cannot be seen from any property line of the site on which the light is located. 4. Non-residential Security Lighting a. Pole and wall -mounted fixtures mounted 6 feet or more above surrounding grade shall be fully shielded. b. If a rear yard security light is mounted higher than 10 feet, it shall be placed at the property line and directed away from adjacent properties. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. 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 should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. Ordinance No. 1811-3-00, Page 7 SECTION 7. 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. 1425-5-96 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 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, COLLIN COUNTY, TEXAS, ON THIS THE 16TH DAY OF MARCH, 2000. APPROVED: X P fQ—P Stephen Terrell, MAYOR APPRO.�../VEL�D AS TO FORM: ATTEST: h./A OKE Peter G. Smith, CITY ATTORNEY Judy Mor n, CMC/AAE, CITY SECRETARY (32281) I Ordinance No. 1811-3-00, Page 8 I EXHIBIT A Being a tract of land situated in the John Pyke Survey, Abstract No. 325, Collin County, Texas, and being that certain tract of land conveyed to west Allen Joint Ventura accordings of Collin deed recorded in Volume 2688, Page 357, CountyTexas, and being that same tract of land conveyed to W.R. Gilliland and Ann Gilliland St. Clair according to deed recorded in Volume 1061, Page 63, Dead Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the approximate intersection of the centerline of Stacy Road (county Road 150) and Curtis Lane (County Road 193), said iron rod being the northeast corner of said John Fyke Survey according to said West Allen Joint deed and said Gilliland deed; THENCE S 00"34'03"W, 1366.22 feet along the approximate centerline of said Curtis Lane to a 5/8" iron rod found for corner; L THENCE N 89049134"W, 2676.28 feet, generally along an old barb wire fence and hedgerow to a 1/2" iron rod found for corner; THENCE N 00615'40"E, 1345.05 feet to a 1/2" iron rod with NDM plastic cap set in the approximate centerline of said Stacy Road; THENCE N 89°38'4311E, 1379.05 feet along the approximate centerline of said Stacy Road to a 1" iron rod found for corner, THENCE N 89045'35"E, 470.09 feet along the approximate centerline 01 said Stacy Road to a 5/8" iron rod found for corner; THENCE N 89049145"E, 634.56 feet along the approximate centerline of said Stacy Road to the POINT OF BEGINNING and containing 83.463 acres (3,635,650 square feet of land, more or lees. Ordinance No. 1811-3-00 p I I I ,I! ,! |'