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O-707-7-86ORDINANCE NO. 7 0 7- 7- 8 6 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 603-4-85 TO INCLUDE THE ATTACHMENT OF EXHIBIT "D", AMENDED USE AND AREA REGULATIONS, FOR DEVELOPMENT OF TRACTS 6A, 6B AND 11 ON 48.81 ACRES OF LAND AS DELINEATED ON THE OFFICIAL ZONING MAP AS PD NO. 31; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission 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 Lriven the requisite notice by publication and otherwise; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held due hearings and afforded 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, WHEREAS, the -Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Planned Development Zoning Ordinance No. 603-4-85 should be amended to include the attachment of Exhibit "D", amended use and area regulations, for development of tracts 6A, 613 and 11 on 48.81 acres of land as delineated on the Official Zoning Map as a portion of PD No. 31. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Planned Development Zoning Ordinance No. 603-4-85 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "D", amended use and area regulations, for development of Tracts, 6A, 613 and 11 on 48.81 acres of land as delineated on the Official Zoning Map as a portion of PD No. 31. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance being the same are hereby repealed and all other provisions of said ordinance shall remain in full force and effect. Ordinance No. 707-7-86 - Page 1 SECTION 3. That the above-described tract of land -shall be used in the manner and for the purposes provided for by Planned Development Zoning Ordinance No. 603-4-85 of the City of Allen as amended herein by the approval of attachment of Exhibit "D". SECTION 4. That any person, firm, or corporation violating any of the provisions of the terms of this ordinance shall be subject to the same penalty as provided forAn Planned Development Zoning Ordinance No. 603-4-85 of ,the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of $1,000.00 for each offense. SECTION 5. 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 6. 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 3rd DAY OF July , 1986. APPROVED: or Tolet.1509W,%odenbaugh, May ATTEST: M &/V4`_ Marty Hendrix, ty Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 707-7-86 - Page 2 1,� 1;. 40 ATTACHMENT TO ORDINANCE NO. 707-7-86, ADOPTED 7-3-86 "EXHIBIT D" ROWLETT CREEK PLANNED DEVELOPMENT ALLEN, TEXAS TRACTS 6A & 6B - "MDR" - APPROVED VARIANCES APPROVED BY THE ALLEN CITY COUNCIL - JULY 3, 1986 I PAGE OF USES ITEM EXISTING PD REQUIREMENTS APPROVED VARIANCES TOWNHOME USE PATIO HOME USE 3 Purpose Townhome - Add Patio Home Use 9 Density 10.8 U/Acre 10.8 U/Acre._Max. 5.8 U/Acre Use Reg. Max. 6/Bldg. - N/A, Add Patio Home Use 4 Front Yard 20' 16' Min. - 5/6/7 Side Yard 61; 15' Side Street - 1� +SeparaHoon 15' Side St. 8/13 Rear Yard 15' 15' 5' 9 Lot Area 3300 S.F. 2400 S.F. 4500 S.F. 9/10 Lot Width 30' @ F.B.L. 24' @ F.B.L. - 9/10 Lot Depth 100' 100' - 3/11 Open Space I 580' per unit of open space n /a PAGE 1 ROWLETT CREEK PLANNED DEVELOPMENT ALLEN, TEXAS TRACT 11 - "SF" - APPROVED VARIANCES APPROVED BY THE ALLEN CITY COUNCIL - JULY 3, 1986 PAGE ITEM EXISTING PD APPROVED VARIANCES 6 / 7 Side Yard 1 Req.; 10' Separation 2 Req.; 1' + 9' = 10' Separation 8 / 13 Rear Yard 20' 5' PAGE 2 LOCATION PLAN ROWLETT CREEK — 293 ACRE PLANNED DEVELOPMENT - --------- -"-7 HF -00)E GoXE 11 . RoWL6it GP-EE� FLOeO FLtiI. �tl f►N G 6 �Qu E�t5 ti -7 r -J a MFF c -f E vA��hNc Page 3 ez SIDE STREET SETBACK TOWNHOME & PATIO HOME - ILLUSTRATES APPROX. 6' SIDE STREET SETBACK (NOTE 10' SETBACK REQUESTED) Page 5 SIDE YARD PATIO HOME - ILLUSTRATES 1' (ZERO) BLDG. LINE & 6' BLDG. LINE - ILLUSTRATES SIDE YARD ORIENTATION Page 6 SIDE YARD � 4 Midi I m PATIO HOME - ILLUSTRATES 7' SEPARATION Page 7 I •� r_�.r.�i ter•+ i ♦s.� LOT AREA, WIDTH, & DEPTH (TOWNHOME ONLY) EXISTING PD AND SUBDIVISION ORDINANCE REQUIREMENTS: MIN. LOT SIZE - - 3300 S.F. (30'X1101) STREET R.O.W./LOT - 750 S.F. (1/2 X 50' ROW X 30' FRONTAGE) ALLEY R.O.W./LOT - 240 S.F. (1/2X16' ROW X 30' FRONTAGE) OPEN SPACE/LOT - 667 S.F. (4,000 S.F.16 UNIT BLDG.) SIDE STREET BLDG. SETBACK - 330 S.F. (EST.) *TOTAL MIN S.F. REQ./LOT = 5287 S.F. *MAXIMUM DENSITY @ 5287 S.F./LOT = 8.24 LOTS/ACRE MAXIMUM DENSITY ALLOWED/PD = 10.8 LOTS/ACRE SUMMARY - DISCREPANCY = 2.56 LOTS/ACRE IF 2,000 S.F./LOT IS ALLOWED, AS REQUESTED, SCHEMATIC SITE PLANNING HAS RESULTED IN A MAXIMUM DENSITY OF 10.4 LOTS/ACRE. (2,000 S.F. LOT = 24' WIDTH X 83.3' DEPTH) *NOTE THE 5287 S.F./LOT TOTAL UTILIZES MAXIMUM EFFICIENCY OF DOUBLE - LOADED STREETS AND ALLEYS AND MAXIMU14 NUMBER OF 6 UNITS/BLDG. Page 9 LOT WIDTH / DEPTH (PATIO HOME ONLY) ' LUNItrU� �� s WAFir- 11T? • / i 1 PATIO HOME - ILLUSTRATES 20' LOT WIDTH AT CUL-DE-SACS OR UNIQUE CONDITIONS & MIN. 40' TYPICAL LOT WIDTH - ILLUSTRATES 40' MIN. DEPTH (AT UNIQUE LOC'S) Page 10 OPEN SPACE (TOWNHOME ONLY) EXISTING PD REQUIREMENT = 4,000 S.F./BLDG (PG. 12) MAX. UNITS/BLDG. = 6 OR 667 S.F.16 UNIT BLDG. SAME 4,000 S.F./BLDG APPLIES REGARDLESS OF NUMBER OF UNITS/BLDG. (EX. - 3 UNITS/BLDG = 1333 S.F. OPEN SPACE/UNIT) OUR REQUEST IS FOR 580 S.F./UNIT THIS IS A 13% REDUCTION, BASED ON 6 UNIT BLDG EX., WHICH WE FEEL IS REASONABLE DUE TO ADJACENT ACRES OF FLOOD PLAIN AND GREENBELT WHICH WILL BE UTILIZED AS OPEN SPACE. Page 11 STREET PAVING T p W-ONt V, . uHe- I';.- - — - -- JV N EXISTING TYP. Page 12 REAR YARD ALLEY R.O.W. / PAVING &L,�Y rMIN61 - Tfr T 5� L. n•-'o`er A"(51nE1`�� (J.5' EXKTII- ) AT Aprf2,,A4i4r- 5 .ILLUSTRATES PROPOSED 5'REAR YARD SETBACK AT RESIDENCE (20' AT GARAGE DOOR) EXISTING REQUIRES 15'REAR YARD SETBACK AT RESIDENCE • ILLUSTRATES PROPOSED 15' WIDE ALLEY R.O.W. WITH 10' WIDE PAVING (12' WIDE PAVING AT APPROACHES, CORNERS, INTERSECTIONS) EXISTING REQUIRES 16' R.O.W. WITH 121WIDE PAVING Page 13 F ' AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Ba nard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared , who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing - Utal Development Co. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on June 11, 1986 and which was issued on 6-11-86 by City of Allen of Collin County, Texas. A printed copy of said publication is attache(Lhereto. rg�L SUBSCRIBED AND SWORN to before me this 14th day of July , A.D. 19 8 6 r Notary Pudbp in and for Collin County, Texas Publisher's Fee $ 18.00 CITY OF ALLEN - OTICE'OF PUBLIC �i►Ff„EARIN0 �` k '.Notice is,heTLby, iv that the'Allen City Coun- cil will conduct a public hearing on Thursday, Ju- _IV,�1986, at,7:30 p:m., in the Council Chambers of tKe Allen,Municipal An- nex;�One Butler Circle, P�Ilen; Texas, -to consider a,request to amend Plan- hed'D'eveloprrient No..31 oh Tracts 606b and -11, e requested', by 'Uta Development Company. wiThis request to amend Planned_ Development No. 31 on,.Tracts 6a,t6b did -11 is.to!amend the use and area'regulations on the subject tracts 'which Is located on -49.81 apres.of land out of .the j.. W! Ford Survey, Abstract' No. ` 326,, the Joseph Russ -ell Survey, Abstract No: 775,and the J': H."Wllco)i, Survey, Abstract No. 1017 and the J�'H. Wilcox Survey, Apstract'. No.. 1018) -and lvab I Butte', Survey, Abstract ,No. 47,E Collin bounty, Texas; more par- ticularly described as be - Ing three tracts of land Vest of Alma Drive and south "of F.M.-,2170,•and rfbrth of H;ed"gecoxe , Anyone wishing, to , speak-i-eiiGi,'- FOR 16r &GA1NST'this request_ is I"n"vited to attend" Oils publl6 1`ieaiing and voice their o(iiniori. '+A=✓ ,T If further information is -needed,- daft- the DepaPtment' ;of 'Corn= inunity, Development, Ci- ty of Allen, One Butler Circle, at 727.9171 or 424-7518 (metro). M r r' ;J, ,- Marty Hendrix , City Secretary_ ?ro be published in the Allen American on Wednesday, June 11j i oar 1 .+ t ) r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared , who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ordinance Vs 707-7-86, 708-7-86, 709-7-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on July 9 and 13, 1986 and which was issued on 7-9-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is -44-Ached Ireto. SUBSCRIBED AND SWORN to before me this 7th day of August , A.D. 19 8 6 Publisher's Fee $ 6 2 .4 0 Notary Pu c in and for Collin County, Texas PUBLI! NOTICE '' 1 Notice is 'hereby' given 1 that the following ,ordi- nances were adopted byl the Allen City Council at' their regular session held on Thursday,.July 3,1 1986 (Titles and Penaflyl Clauses only): " Ordinance $$ No. 707.7-86:• An Ordina(ice of the City' of Allen, Collin County, Texas,. ' Amending Planned Development Zoning Ordinances , ;No. 603-4.85 to'Inelude `the Attachment of Exhibit "D", Amended Use and Area Regulations, for Development of Tracts 6A, 6B and 11 on 48.811 Acres 'of Land' as Deli-] neated 'on the Official Zoning Map is PD No.� 31; Providing for a Penal- ty; Providing for an Effectiye'vDate; ,and, Providing' for Publics#tion ) of the Caption. That any person, firm, or corporation violating any of the provisions of the terms of this ordinance shall be subject to,the same penalty as provided for in Planned Develop- ment Zoning Ordinance No. 603.485 of the Citv tion shall be punished b) a fine not to•exceed th( sum of $1,000.00 for east offenses Ordinance .No 708-7-86 An'Ordinance of the Cit} of Allen, Collin County Texas, Amendinf Comprehensive Zonirif Ordinance No. 366.10-81 So is to EstablishPerma' nent Zoning To -Wit: "FPI PD" (Flood Plain —, Planned- Development) No. 37,'6n;the Following — Described Tract df Land, Approxiniate)y 103.5339 ,Acres of Land, More*or Less,'Out of the F. %bosAr Survey, Abstract No. 208, Collin County, Texas; Providing for a Land Use Plan; Providing_ for Planned Development Standards; Providing for a Penalty of Fine Not to Exceed • the _Z.I�ka Offense; Providing for a Severability Clause; and Providing4or the Effec- tive- 'DateA of` nr..Sai I i;..., .o That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject % to, tlielame penal-' ' ty as. provided `for in Comprehensive Zoning Ordinance N6: 366-10-81 of the City`of Allen,-, heretofore amended, an� (upon conviction shall„b, (punished by a fine not t exceed the sum of One; Thousand Dollars, ,$1,000) for each offense. Ordinance No. 709.7.86: An Ordinance of the Citi of Alleri,-Collin Count Texas, Repealing Ord nance No. 663-'12-85, and Providing' for 5n' Effctc= tive Date. t 0 - 4 Copies, of these ,ordr nances- ma} ` he read o� purchased in the office of rhe City. -Secretary, Allen Municipal`-%nnes, One,: Butler Circle, Allen, 'rexas.,�, ,�Alarty Hendrix City Secretary (To be published in the Allen American on Wednesday, July 9, 17986 and Sunday, July 13, 1986► �� PUBLIC NOTICE Notice is hereby given that the,following ordi- nances were adopted by the Allen City Council at their_ regular session held on Thursday, July 3, 1986 (Titles and Penalty )Clauses only): Ordinances No. 707.7-86: 1Arl Ordinance of the City of, Allen, Collin 'County, Texas; Amending Planned Development Zoning Ordinances, FNo. '603-4-85 to Include the Attachment of, Exhibit "D", Amended.Use and Area' Regulations, for Development of. Tracts 6A, 6B afid lll-on 48.81 Acres of Land. as Deli- neated on the 'Official Zoning Map as PD No. 31;,Providing fora Penal- ty for an Effective Date; and Providing for Publication of the Caption:; That any person, firm, or corporation violating any of, the provisions- of the terms of this ordinance shall be subject to the same penalty as provided for, in -Planned Develop- ment Zoning! Ordinance No. 603.4-85 of the 'City of fine not to exceed the in of $1,000.00 for each Ordinance No. 708-7.86: An Ordinance of the City of Allen, Collin County; Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 as Previously Amended, �So as to Establish Perma- nent Zoning To -Wit: "FP - PD" (Flood Plain — Planned Development) No. 37, on the Following L Described Tract% of Land: Approximately 103.5339 Acres,of Land; More or Less, Out of the F: Dosser ' Survey', Abstract No. 208, Colliri County, Texas; Providing (or. a Land Use Plan; Providing for Planned for a Penalty of to Exceed the Dollars ($1,000) for Each Offense; Providing for a Severability Clause; andl Providing for the Effec- tive Date of Said Ordinance. That any'person, firm or corp3ration violating any of the provisions or terms of this ordinance shall be subject to the same penal - t ty as provided for in Comprehensive Zoning Ordinince'`o7 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a,fine not to exceed the sum, of One Thousand Dollars ($1,000) for each offense. Ordinance No. 709-7-86: An Ordinance of the City of Allen, ' Collin County, Texas,, Repealing Ordi- nance No. 663-12-85, and Providing for an Effec- tive,Date. i i Copies of these ordi- nances may be read or urchasid in�tWoffice of the City,Secretary, Allen Municipal Annes, One Butler Circle, 'Allen, Texas. Marty . Hendrix City Secretary, be published in h American nesday, July 9, 1 Sunday, July