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O-756-10-86A ORDINANCE NO. 756-10-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM PLANNED DEVELOPMENT NO. 29 TO "PD" (PLANNED DEVELOPMENT) NO. 421 SAID TRACT OF LAND BEING DESCRIBED AS 97.4 ACRES LOCATED IN THE WITSAUL FISHER SURVEY, ABSTRACT NO. 323, COLLIN COUNTY, TEXAS; AND TO PERMANENTLY ZONE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO "PD" (PLANNED DEVELOPMENT) NO. 42, SAID TRACT OF LAND BEING DESCRIBED AS APPROXIMATELY 10 ACRES LOCATED IN THE WITSAUL FISHER SURVEY, ABSTRACT NO. 323, COLLIN COUNTY, TEXAS, WITH BOTH PROPERTIES BEING LOCATED NORTH OF F.M. 2170 AND WEST OF F.M. 2551; PROVIDING FOR DEVELOPMENT CRITERIA; PROVIDING FOR LAND USE REGULATIONS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $1,000.00 FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City 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 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 97.4 acre tract of land and a 10 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the Ordinance No. 756-10-86 - Page 1 zoning classification from PD No. 29 and AO (Agricultural -Open Sace), respe PD (Planned Development) No. 42. SECTION 2. 'That the use regulations and Development (:riteria described as Exhibit "B" and attached hereto and made a part hereof for all purposes shall be the governing regulations for PD (Planned Development) No. 42. SECTION 3. That the Land Use Plan approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of PD (Planned Development) No. 42. 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 the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachments of Exhibits "B" and "C". SECTION 6. 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. 366-10-81, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 7. 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 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. Ordinance No. 756-10-86 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 16th DAY OF October 1986. APPROVED: APPROVED AS TO FORM: on it�Attorney Donald P. Roden6augh; Mayor ATTEST: m aa - , � Marty Hendrix, CW, City Secretary Ordinance No. 756-10-86 - Page 3 Attachment To: Ordinance No. 756-,1-6-86 Adopted 10-16-86 w EXHIBIT "A" FAIRHAVEN VILLAGE -PD RIELD NOTES 107.4342 ACRES BEING a portion- of the Witsaul Fisher Survey, Abstract No. 323, Collin County, Texas, being all of that tract of land conveyed by deed to Omni Homes, Inc. in deed Volume 1795, Page 688,, Collin County Deed Records, and also being all of a 97.72 acre tract conveyed to First Savings Association, Mr-Ki=ey, from Freedom Financial Corporation, as recorded in Volume 2024, Page 380 of the Deed Records of Collin County, and also being part of a 13.550 acre tract of land conveyed%to Naji 0. Hamideh, et al from Vernon E. Day, et ux as recorded in Volume 2025, Page 346 of the Deed Records of Collin County, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the centerline of a public road and marking the Northwest corner of the herein described tract of land, said iron rod bears North 00 deg 08 min 26 sec West, 1648.97 feet from the Southwest corner of said Witsaul Fisher Survey, Abstract No. 323; THENC- South 89 deg 31 min 32 sec East, at 25.00 feet pass a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found in all a distance of 2038.95 feet to a 5/8" iron rod with plastic cap stamped "Carter b Burgess" found, marking an angle point in the North line of the herein described tract of land; THENCE South 89 deg 52 min 02 sec East, 607.17 feet to a 3/8" iron rod found in an existing fence line and marking the most Northerly Northeast corner of the herein described tract of land; THENCE South 00 deg 00 min 28 sec East, 259.43 feet with an existing fence to a 3/8" iron rod found marking an angle point in said fence line, point being the Southwest corner of the Day Addition, an addition to the City of Allen as recorded in Cabinet C, Page 660 of the Plat Records of Collin County; THENCE South 89 deg 53 min 52 sec East, along the South line of said Day Addition, 586.98 feet to a point for corner in the approximate centerline of Rock Ridge Road, (Public Road by Prescription), said point also being the Northeast corner of said 13.550 acre tract; THENC? along the approximate centerline of said Rock Ridge Road as follows: South 03 deg 21 min 47 sec West, 498.73 feet to a railroad spike found for corner; THENCE Southwesterly, leaving the approximate centerline of said Rock Ridge Road, along a curve to the right, having a central angle of 40 deg 45 min 51 se=, a radius of 440.00 feet, for an arc length of 313.05 feet, with a chord bearing of South 48 deg 21 min 55 sec West, and a chord distance of 306.49 feet to a point for corner; THENCE South 68 deg 44 min 50 sec West, a distance of 66.87 feet to a point for corner; THENCZ Southwesterly, along a curve to the left having a central angle of 68 deg 03 min 54 sec, a radius of 360.00 feet, for an arc length of 427.67 feet, with a chord bearing of South 34 deg 42 min 53 sec West, and a chord distance of 402.96 feet to a point for corner, said point being in the North line of a 3.658 acre tract of land conveyed. to J. R. and R. Allen Partnership from Craig Glendinning, Trustee as recorded in Volume 1929, Page 216 of the Deed Records of Collin County; Attachment To: Ordinance No. 756--10-86 Adopted 10-16-86 EXHIBIT "A" THENCE North 89 deg 52 min 26 sec West, along the North line of said 3.658 acre tract, 40.00 feet to an iron rod found for corner, said point being on the East line of said 97.72 acre tract; THENCE South 00 deg 37 min 36 sec West, along the East line of said 97.72 acre tract, departing from said fence line at 310.11 feet pass a 1/2" iron rod, in all a distance of 336.52 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found to mark the Southeast corner of the herein described tract of land; THENCE North 89 deg 25 min UO sec West, 222.66 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found on the Northeasterly right-of- way line of F.M. Highway No. 2170; THENCE North 00 deg 35 min 00 sec East, 46.36 feet with the Northeasterly right-of-way line of F.M. Highway No. 2170 to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found on the North right-of-way line of F.M. Highway No. 2170 as determined by deed recorded in Volume 517, Page 244 (variable width right-of-way) and as shown by map recorded in Volume 416, Pages 214, 215, and 216 of the Collin County Deed Records; THENCE Westerly, with the North right-of-way line of said F.M. Highway No. 2170 as follows: North 89 deg 25 min 00 sec West, 972.96 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found to mark an angle point in said right-of-way line; South 87 deg 43 min' 15 sec West, 100.13 feet to a 5/8" iron rod with plastic cap stamped "Carter S Burgess" found to mark an angle point in said right-of-way line; North 89 deg 25 min 00 sec West, 200.00 feet to a 5/8" iron rod with plastic cap stamped "Carter 5 Burgess found to mark an angle point in said right-of-way line; South 87 deg 43 min 15 sec West, 100.13 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" found to mark an angle point in said right-of-way line; North 89 deg 25 min 00 sec West, 300.00 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" f ound to mark an angle point in said right-of-way line; THENCE South 87 deg 43 min 15 sec West, 100.13 feet to a 5/8" iron rod found with plastic cap stamped "Carter & Burgess"; THENCE North 89 deg 25 min 00 sec West, 569.62 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess"; THENCE North 45 deg 06 min 01 sec West, 64.40 feet to a 5/8" iron rod with plastic cap stamped "Carter 6 Burgess"; THENCE North 89 deg 25 min 00 sec West, 25.00 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" to mark the Southwest corner of the herein described tract and being in the centerline of a Public road and also being on the West line of said FISHER SURVEY, Abstract No. 323; THENCE North UO deg 08 min 26 sec West, 1568.97 feet with the West line of said FISHER SURVEY, the centerline of said Public road, and the West line of the herein described tract to the POINT OF BEGINNING, containing 107.4342 acres of land. Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" DEVELOPMENT PROPOSAL For Submittal to the City of Allen, Texas Revised October 30, 1986 As approved by City Council on 10/16/86 Fairhaven Village PLANNED DEVELOPMENT DEVELOPMENT Majestic Savings 5314 Arapaho Road ' Dallas, Texas 75248 (214) 458-8881 PLANNING AND ZONING The Nelson Corporation 5999 Summerside Drive, Suite 202 Dallas, Texas 75252 (214) 380-2605 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" TABLE OF CONTENTS I. INTRODUCTION AND DEVELOPMENT CONCEPT II. ZONING DISTRICTS A. Single Family Detached District 1. Sub -district "A-1" Single Family Detached 2. Sub -district "A-2" Single Family Detached 3. Sub -district "A-3" Single Family Detached 4. Sub -district "B" Single Family Detached 5. Sub -district "C" Patio Homes B. Multi -Family Residential District C. Local Retail District D. Shopping Center District III. ZONING EXHIBIT IV. DEVELOPMENT SUMMARY V. SITE PLAN REVIEW VI. PLATTING REQUIREMENT Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" I. INTRODUCTION AND DEVELOPMENT CONCEPT This submittal for Fairhaven Village is a request for an amendment to PD - 29 to include the annexation and zoning of approximately 10 acres of additional land. The increased acreage is a result of the addition of an adjacent piece of property and the alignment and dedication of right-of-way for a 4 lane divided, major thoroughfare established by the current Thoroughfare and Comprehensive Plans for the City of Allen. The proposed zoning and land use plans also reflect those recommendations outlined in the Comprehensive Plan 1985 for the City of Allen, and include such guidelines as clustering of commercial developments at the intersections of major thoroughfares, a mix of housing densities with the higher densities along major thoroughfares and in close proximity to commercial centers, and a balance of dwelling types and sizes with an emphasis on larger, single family residences. Fairhaven Village, an approximate 107.4 acre site, is located at the intersection of two major thoroughfares; McDermott Drive/F.M. 2170, which has been established as a major east -west arterial and proposed to be a 6 -lane; divided roadway, and a major north -south arterial, which has been projected as a major 4 lane, divided thoroughfare. The proposed north -south arterial will align with a newly aligned F.M. 2551, creating a four-way intersection. This planned development is proposed to include Single Family Detached Homes, Multi -Family Residential, Local Retail and Shopping Center uses. Within the sin4,le family residential area, five sub -districts ("A-1"2 "A-2", "A -3",'B" and C") will be established. These sub -districts will allow for the development of a variety of unit types and sizes and establish guidelines for location and development. Sub -district "A-1" (approximately 57.1 gross acres) will be composed of single family detached homes on lots of no less than 7,200 square feet. Sub -district "A-2" (approximately 2.0 gross acres) will contain single family detached homes on lots of no less than 8,000 square feet. Sub -district "A-3" (approximately 1.4 gross acres) will have single family detached homes on lots of no less than 9,000 square feet. Sub -district "B" (approximately 7.8 gross acres) will serve as a transition from the larger lots and homes directly adjacent to the north and east property lines to the proposed single family development. This sub -district will be composed of single family detached homes on lots of no less than 10,000 square feet. Lots adjacent to the north and east property lines, as indicated on the zoning exhibit, shall be a minimum of 14,000 square feet. Sub -district "C" (approximately 12.1 gross acres) will provide for the option of developing patio homes in the area behind the proposed shopping center. This sub- district will serve as a transition from the larger lots within the proposed single family development to the proposed shopping center. As a part of the single family residential area, a minimum of 5 acres will be dedicated as a Neighborhood Park. It is the developer's intent to work with the City Parks Department in regard to the design and placement of amenities within the park. Following guidelines established in the Comprehensive Plan for the City of Allen, the development concept for Fairhaven Village utilizes multi -family and patio home units to serve as a transition from the local retail and shopping center uses to the single family areas. Development requirements as outlined within this submission are intended to be compatible with the surrounding land uses as they exist or are proposed. Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" II. ZONING DISTRICTS A. "SF -D" SINGLE FAMILY DETACHED DISTRICT 1) Purpose - This district will be composed of single family, detached dwellings within five sub -districts ( "A-1", "A-2", "A-3", "B" and "C"). These sub -districts will allow for flexibility in design and a balance of dwelling types and sizes, appropriate for their location in relation to the proposed development and to adjacent land uses. This entire district, including Sub -districts "A-1", "A-2", "A-3", "B" and "C" will provide for 3.7 dwelling units per gross acre or a total of three hundred one (301) units. 2) Use Requirements - Unless otherwise noted in Sub -district "A-1", "A-2", "A-3", "B" or "C", a building or premise shall be used only for the following purposes: a. Single family, detached units as outlined herein b. Uses as provided in Article III, Section 3.01(B), No. 2 "Use Regulations" as established in the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81 c. Such uses as may be permitted under the provisions of Section 2.06, Specific Use Permits, of the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366- 10-81 3) Height Requirements - No building shall exceed thirty (30) feet or two and one-half (2-1/2) stories in height. 4) Area Requirements - Shall be as noted for each sub -district with the following additions: a. Size of Lot - The average lot size shall be eight thousand (8,000) square feet. b. Dwelling Size - The average floor area of all dwelling units shall be one thousand, seven hundred (1,700) square feet. NOTE: The above area requirements do not apply to Sub- district "C" Patio Homes. 5) Building Materials - All main buildings shall have an exterior finish of a minimum of seventy-five (75) percent masonry. Masonry shall be defined as stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials, or any combination thereof. The use of wood as a finish material shall be limited to a maximum of twenty-five (25) percent of the total wall surfaces. Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" 1. Sub -district "A-1" Single Family Detached A) Purpose - This sub -district is to be composed of single family, detached dwellings, on lots of not less than seven thousand, two hundred (7,200) square feet, together with the allowed incidental and accessory uses. B) Area Requirements 1) Size of Yards: (a) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (b) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (c) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. 2) Size of Lot: (a) Lot Area - No building shall be constructed on any lot less than seven thousand, two hundred (7,200) square. feet. (b) Lot Width - The width of any lot shall not be less than sixty-five (65) feet, except that a corner or cul-de-sac lot may have a minimum width of fifty- five (55) feet at the building line provided that other requirements of this section are fulfilled. (c) Lot Depth - The depth of any lot shall not be less than one hundred ten (110) feet, except that a corner or cul-de-sac lot may have a minimum depth of one hundred (100) feet provided that other requirements of this section are fulfilled. 3) Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be one thousand, four hundred (1,400) square feet, exclusive of garages, breezeways and porches. 4) Lot Coverage - In no case shall more than forty (40) percent of the total area be covered by the combined area of the main building and the accessory buildings. 3 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" 2. Sub -district "A-2" Single Family Detached A) Purpose - This sub -district is to be composed of single family, detached dwellings, on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses. B) Area Requirements 1) Size of Yards: (a) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (b) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (c) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. 2) Size of Lot: (a) Lot Area - No building shall be constructed on,any lot less than eight thousand (8,000) square feet. (b) Lot Width - The width of any lot shall not be less than sixty-five (65) feet, except that a corner or cul-de-sac lot may have a minimum width of fifty- five (55) feet at the building line provided that other requirements of this section are fulfilled. (c) Lot Depth - The depth of any lot shall not be less than one hundred ten (110) feet, except that a corner or cul-de-sac lot may have a minimum depth of one hundred (100) feet provided that other requirements of this section are fulfilled. 3) Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be one thousand, six hundred (1,600) square feet, exclusive of garages, breezeways and porches. 4) Lot Coverage - In no case shall more than forty (40) percent of the total area be covered by the combined area of the main building and the accessory buildings. 4 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" 3. Sub -district "A-3" Single Family Detached A) Purpose - This sub -district is family, detached dwellings, on thousand (9,000) square feet, incidental and accessory uses. B) Area Requirements 1) Size of Yards: to be composed of single lots of not less than nine together with the allowed (a) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (b) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (c) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. 2) Size of Lot: (a) Lot Area - No building shall be constructed on any lot less than nine thousand (9,000) square feet. (b) Lot Width - The width of any lot shall not be less than sixty-five (65) feet, except that a corner or cul-de-sac lot may have a minimum width of fifty- five (55) feet at the building line provided that other requirements of this section are fulfilled. (c) Lot Depth - The depth of any lot shall not be less than one hundred ten (110) feet, except that a corner or cul-de-sac lot may have a minimum depth of one hundred (100) feet provided that other requirements of this section are fulfilled. 3) Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be one thousand, six hundred (1,600) square feet, exclusive of garages, breezeways and porches. 4) Lot Coverage - In no case shall more than forty (40) percent of the total area be covered by the combined area of the main building and the accessory buildings. 5 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" 4. Sub -district "B" Single Family Detached A) Purpose - This sub -district is to be composed of single family detached dwellings on lots of not less than ten thousand (10,000) square feet together with the allowed incidental and accessory uses. Lots within this sub- district that fall adjacent to the north and east property lines, as indicated on the zoning exhibit, shall have a minimum of fourteen thousand (14,000) square feet. This sub -district will allow for a maximum of 19 units. B) Area Requirements 1) Size of Yards: (a) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (b) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (c) Rear Yard - There shall be a rear yard having a depth of not less than twenty (20) feet. Lots adjacent to the north and east property lines, as indicated on the zoning exhibit, shall have rear yards of not less than fifty (50) feet. 2) Size of Lot: (a) Lot Area - No building shall be constructed on any lot less than ten thousand (10,000) square feet. Lots adjacent to the north and east property line, as indicated on the zoning exhibit, shall have a minimum of fourteen thousand (14,000) square feet. (b) Lot Width - The width of any lot shall not be less than seventy-five (75) feet, except that a corner or cul-de-sac lot may have a minimum width of sixty-five (65) feet at the building line provided that other requirements of this section are fulfilled. (c) Lot Depth - The depth of any lot shall not be less than one hundred ten (110) feet except that lots adjacent to the north and east property lines, as indicated on the zoning exhibit, shall have a depth of not less than one hundred thirty (130) feet. 3) Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be one thousand, eight hundred (1,800) square feet. Units adjacent to the north and east property lines, as indicated on the zoning exhibit, 11 Attachment to Ordinance kO1 756-10-86, adopted 10/16/86 "EXHIBIT B" shall have a minimum floor area of two thousand (2,000) square feet. 4) Lot Coverage - In no case shall more than thirty-five (35) percent of the total area be covered by the combined area of the main building and the accessory buildings. C) Additional Requirements 1) Front Entry - In order to tie in with the character of the adjacent neighborhood, lots within Sub -district "B" shall have front entry, and therefore, no alleys. All garages shall open to the side. 2) Utility Easement - A ten (10) foot wide utility easement adjacent to all dedicated street rights-of-way within Sub -district "B" shall be required. This easement shall be for the purpose of accommodating utilities (Cable TV, electric, etc.) that would otherwise be located within the alley right-of-way. 3) Street Layout - Lots within Sub -district "B" shall be arranged in a cul-de-sac or court type design in keeping with the approximate boundary as indicated on the zoning exhibit. 7 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHBIT B" 5. Sub=district "C" Patio Homes A) Purpose - Patio Homes are proposed as another form of single family detached, housing. These units are proposed as zero lot line homes in which the unit is sited adjacent to one of the side lot lines. This concept provides for a more efficient use of the lot, having three yards instead of four, and therefore creates more useable yard area. This sub -district will allow for a maximum of seventy-four (74) units. B) Area Requirements - 1) Size of Yards: (a) Front Yard - There shall be a front yard having a required depth of not less than twenty-five (25) feet. (b) Side Yard - No side yard is required on one side of the lot. A minimum separation of ten (10) feet is required between structures. A side yard adjacent to a street shall be a minimum of twelve (12) feet. (c) Rear Yard - There shall be a rear yard having a required depth of not less than twelve (12) feet. 2) Size of Lot: (a) Lot Area - No building shall be constructed on any lot less than four thousand, eight hundred (4,800) square feet. (b) Lot Width - The width of any lot shall not be less than forty-eight (48) feet, except that a corner or cul-de-sac lot may have a minimum width of forty (40) feet at the building line provided that other requirements of this section are fulfilled. (c) Lot Depth - The depth of any lot shall not be less than one hundred (100) feet except that a corner or cul-de-sac lot may have a minimum depth of ninety (90) feet provided that other requirements of this section are fulfilled. 3) Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be one thousand, two hundred (1,200) square feet. 4) Lot Coverage - In no case shall more than sixty (60) percent of the total area be covered by the combined area of the main building and accessory buildings. D. Attachment to Ordinance NO. 756-10-86, adopted 10/16/86 "EXHIBIT B" B. "MF" MULTI -FAMILY RESIDENTIAL DISTRICT 1) Purpose - This district provides a higher -density dwelling classification in the form of attached dwelling units. This district should provide for a maximum of 18 dwelling units 'per gross acre or 178 units. 2) Use Requirements - A building or premise shall be used only for the following purposes: a. Any use permitted in the Single Family Detached use district including Sub -districts "A", "B" and "C" b. Multi -family dwellings as outlined herein c. Any use permitted in District "TH" Townhouse Residential District, Section 3.01 (G), of the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81 d. Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business e. Such uses as may be permitted under the provision of Section 2.06, Specific Use Permits, of the Comprehensive Zoning Ordinance of the City of Allen, Ordinance No. 366-10-81 NOTE: All uses that are permitted within this district shall be governed by the requirements as set forth for that particular type of use which is proposed for development. 3) Height Requirements - No building shall exceed thirty (30) feet or two and one-half (2-1/2) stories in height. 4) Area and Building Requirements - All sites and buildings shall be in accordance with those area and building requirements as established for the "MF -2" Multi -Family Residential District, Section 3.01 (I), Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81. �j Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" C. "LR- LOCAL RETAIL DISTRICT 1) Purpose - This district is a limited retail category intended for use near neighborhood areas for the purposes of supplying day to day retail needs of the residents such as food, drugs and personal services. The area height, yard, parking and screening regulations of the "LR" District are calculated to permit neighborhood convenience facilities compatible with the adjacent residential areas which they are intended to serve. 2) Use Regulations - A building or premise shall be used for the following purposes: a. Any use as permitted in District "LR" Local Retail District, Section 3.01(L) of the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81. b. Such uses as may be permitted under the provisions of Section 2.06, Specific Use Permits, of the Comprehensive Zoning Ordinance of the City of Allen, Ordinance No. 366-10- 81. NOTE: All uses that are permitted within this district shall be governed by the requirements as set forth for that particular type of use which is proposed for development. 3) Height Requirements - No building shall exceed thirty (30) feet or two (2) stories in height. 4) Area and Building Requirements - All sites and buildings shall be in accordance with those area and building requirements as established for the "LR" Local Retail District in the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81. 10 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" D. "SC" SHOPPING CENTER DISTRICT 1) Purpose - This district provides for medium intensity concentrations of shopping and related commercial activity characteristic of the trend of urban development to the decentralization of retail business facilities. The requirements in this district are designed to make permissible uses compatible with and serving the adjacent residential areas. 2) Use Requirements - A building or premise shall be used only for the following purposes: a. Any use as permitted in District "SC" Shopping Center District, Section 3.01 (M), of the Comprehensive Zoning Ordinance for the City of Allen, Ordinance No. 366-10-81 b. Such uses as may be permitted under the provisions of Section 2.06, Specific Use Permits, of the Comprehensive Zoning Ordinance of the City of Allen, Ordinance No. 366-10- 81. NOTE: All uses that are permitted within this district shall be governed by the requirements as set forth for that particular type of use which is proposed for development. 3) Height Requirements - No building shall exceed thirty (30) feet or two (2) stories in height. 4) Area and Building Requirements - All sites and buildings shall be in accordance with those area and building requirements as established for the "SC" Shopping Center District in the Comprehensive Zoning Ordinance of the City of Allen, Ordinance No. 366-10-81. 11 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" IV. DEVELOPMENT SUMMARY Single Family Detached Homes Multi -Family Local Retail R.O.W. for Malone Rd. & F.M. 2170 Shopping Center Prop. R.O.W. for 4 lane Thoroughfare and Proposed Drainage Easement DEVELOPMENT TOTAL Acreage Density Units 80.4 3.7 301 9.9 18.0 178 2.8 - - .3 11.9 - 2.1 - - 107.4 479 NOTE: Density is expressed in terms of dwelling units per gross acre. 12 Attachment to Ordinance No. 756-10-86, adopted 10/16/86 "EXHIBIT B" V. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a detailed site plan of the development area has been submitted to and approved by the Allen Planning Commission and City Council as being in compliance with the Development Concept and Development Area Standards. At this time, plans for drainage design and management of storm water runoff must be submitted and approved by city staff. No building permit shall be issued until this step is taken. Separate detailed site plans may be submitted for individual development areas, and construction within a development area may proceed in phases after approval of the detailed site plan of the applicable development area. VI. PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Allen Planning Commission and duly filed of record; provided, however, that development areas may be platted separately. Restrictive covenants shall be established implementing of record the Development Concept and Development Requirements, and the City of Allen shall be made a beneficiary thereof. 13 Attachment To: Ordinance No. 756-10-86 Adopted 10-16-86 EXHIBIT "B" FAIRHAVEN VILLAGE PROJECT AMENITIES TO BE PROVIDED BY DEVELOPER OVERALL PROJECT ° Decorative street paving at major point of access ° Street lighting ° Landscaping and signage ° Curvilinear road system PUBLIC PARK AREA ° Grading and grassing of entire area Perimeter landscaping and berms Childrens play area or tot lot ° Family picnic area with tables and grills Sand volleyball court NOTE: It is the developer's intent to work with the City Parks Department in regard to the design and placement of the amenities as described above and also the design and projected locations for future amenities that may be provided by the City of Allen. These future amenities that may be provided by the City may include walks, trail systems, irrigation system, athletic fields (not lighted) and other amenities deemed appropriate by the Parks Department and/or City of Allen. ATTT_.CH-'ENT ) C DTII_ NCE N:?. 756-•1086, ado-7ted. 10/16/86 "EXHIBIT C" I I T'— 1 a ..ear o2^ E .or rr 'A-21 ACNE{ ub-district UNITS / // ! I Single r Family Detached\ I ���••t Pr.Dvt, un. / / jI / // I I Lend to be Dedicated l0 I Age— 2 0 Ere•• •c. Mln. 101 .i;•: 8,000 •• 11 IMin unit �la• 1,400 ..�.1� I / I ' i t^ 80' R.., Y.1. I the City or Allen for Public ►ark1 I \ j Sub -district 'A-3' • North Property line wl Sub -district IB I �, ,••.r •z" I, .� Single Family 6= _ __ __.� _•� / Approx. 9.0 net t. Single Family Detached ` Detached)----__ \ *lippins Cent., --I _ / Appro. 1 4 or... .c. Mln. lot Siad. 8,000 •• II Apple 7'I to7, 1c.Ynit. Mlin .Ia• 10.000 •.. 11 / / \ I / Minunit .Ix.: 1,400 •• It II L. .diet. nl 1. N•rlh sn. / Mln 14,000 11 E••t '.nil 11,g net .e. s.. Y . I. i YI unll also 1,100 % / ( n lot•.dls e.nt 1• Morih S E.•1 /r.D.r1Y Iln•1: YIn.2,000 •.. It. / / I j / 107.4 I // SINGLE FAMILY DETACHED 479 � Approx. 90.4 gross sc. / A ,prox. 79.9 net 8t. / Max.,overall density: 3.7 d.u./et. / / Sub -district 'C' I I / Max.301 total units / s •1 N•1. Tn• t. t. d.rd •DDI, •nlr t• Patio Homes I / .uE-dl•ll—il, ,oder.• trio vA-6• end •s• I App1.1 12 t Er..s • e I / I t• YF MULTI -0, Approx. t.f� pros SIC. W O � Approx. 9/!f net at. r C Yor}/17s unit• OI F— LM N LN I �\ 1 LOCAL, RETAIL 4prox. 24-nat_pl. �\ J ApplIx\.3 net 1e, In RO.W. .` e .7•.t o• I X ..'01:Ot" W .. 4G' 0 la' -N .r2.' 00" W 2..00' / —______it ACNE{ \ UNITS DATA 80.4 LAND USE 0 7 d u /•e SlnElo F•mlly Det.ehed Apple. Multi-F•mlly •r•.. • Lead R•t.11 178 Prep. N O.W. for Melons Rd. i F.M 2170 2.8 *lippins Cent., Prep R O.W for 4 l.n. lh.r.ushf.,. ADDr.a ■ DI.In.$. E..•m.nt net •c PROJECT TOTAL• Avg. lot size: 4,000 sq. ft. / Avg. unit size-. 1,700 sq. 1t. / Sub -district 'A-1' / Single Family Detached �\ Approx 67.1 ores. me MIn I•t .Iso 7,200 .. 11. 1 Yln unll •la.' 1,400 .. It a • leo 13 W 43 to • e7•.r t ,oe IW-Lee.. N .••2f' 00" 300' 20000 J F.M. 2170 Zoning Exhibit for: Y.. 74 anile Yin lot •Il.4,400 •.. It. Yin unit size 1,200 •e It. SHOPPING CENTER ACNE{ DENSITY UNITS APpre'. 80.4 •r••• • 0 7 d u /•e 201 Apple. s.• •r•.. • 18 O d.../.e. 178 ADD,•.. 2.8 net ADDr.a .S net •c ADDr.a 11,g net .e. ADD:.a 2.1 na . Approx 107.4 groes .e 479 Zoning Exhibit for: Y.. 74 anile Yin lot •Il.4,400 •.. It. Yin unit size 1,200 •e It. SHOPPING CENTER Approx. 11.9 net ■t. R o.w. / • pr+r. d7•Inn• • t .T.^ / • / I IW _ I I I \ - - N 00v a3 00 E7 777 N •r 2r e Fairhaven Village Development: M.I.etic $. Ins. 6214 Ar.P. no R•.d D.I1.., T...s 742.• GOOF / I T/ e•.n.•'et•I I / a ..•44' Wl / n-a.0.a l 1 Allen, Texas Pi,nnins i Zoning: Tn• N.Ison Corp.r.tlon Ess• Summ.r.ld. Drlr. Doll— T.x.. 70242 o.t-Peres � I I l 1 Jam -Future .Il.nm.nl •t F Y 2••1 I NOTES: T.t.1 n mp., el .InEI. 11.11, d.tlehoduun l I. •blit n•1 .xeiod 801, Inel•.Ing Sus-u.mct• -A-l-,"61 uA-2•, vas on. •C' All net .e... *,..he n .re •aelu.ly. I e1 o.l •tln4 ..itpP•.Ed ,ISht-.1-w•,• •n. in.::.P..•..r.ln.s........I All adieu tells n• for development Intensity • • loved on Ih• 1•t.1 SrE 1 1111 A,.• I., seh Ir.et .. Indle lied on inl...NI.I, D.1.11• ,1,ding the ""I"s.1 .to'. nets, .1inln the Pr.pe•od d,11n.g. . amen) • • t• .. ,o..Iv.1 .t tn. IIm..1 Dl.11ing andl., ..t..1.n --d 10/•0/1� .......... any C:uncll .n 10/r.y. n.•I,I.n Decd. ./s/.• 100' s0' 0' 100' 200 L. N• .•O•• This Page is too large to OCR AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appearedr 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 - Majestic Savings, Mitchell Barnett and Arnold Sweet. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 28, 1986 and which was issued on 9-28-86 , by City of Allen/1 of Collin County, Texas. A printed copy of said publication is ed ret 8th SUBSCRIBED AND SWORN to before me this Publisher's Fee $ 18.00 day of ` - ---- , A.D. 19 " Notary Pu Ali in and for Collin County, Texas 212 Club Notices CITY OF ALLEN NOTICE OF PUBLIC HE Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, October 18, 1986, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annes, One Butler Circle, Allen; Texas, to consider a request to rezone 97.4 acres of land from Planned Development Nor'29, and permanently zone approximately 10 acres presently delineated Agricultural — Open Space, to Plahned Development including land uses of Shopping Center, Local- Retail, Multi -Family, Patio Home, and Single -Family Residential, as requested by Majestic Savings, Mitchell Barnett and Arnold Sweet. This request for Planned Developoment is on 97.4 acres, and approximately 10 acres recently annexed into the city, of the Witsaul Fisher Survey, Abstract No. 323, Collin County, Texas, located at the north- west corner of the intersection of F.M. 2170 and Rock Ridge Road. Anyone wishing to speak either FOR or AGAINST, this' request for Planned Deve- lopment is invited to attend this public hear- ing and voice their opinion. For further information, contact the Department,,of Community Development at 727-9181 nor 424-7518 (metro). Marty Hendrix, CMC CITY SECRETARY - • , (TO BE I,',UBLISHED IN, THE ALLEN AMERICAN ON SUNDAY, SEPTEMBER 28, 1986.) lu: AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN 4iw" ard, 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 - Correction - Rezone 97.4 Acres Reritiest of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 5 1986 and which was issued on October 5, 1986 'by City of Allen of Collin County, Texas. A printed copy of said publication is at ched re SUBSCRIBED AND SWORN to before me this 10th day of Nov. , A.D. 19 8 6 Notary PubQ Pub'in and for Collin County, Texas Publisher's Fee $ N n C h a r g e CITY OF ALLEN NOTICE OF PUBLIC HEARING 1 s CORRECTION Notice is hereby given that the Allen City' Council will conduct a public hearing at their regular meeting to be held on Thurs= day, October 16, 1986, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annes, One Butler Circle, Allen, Texas, to consider a request to rezone 97.4 acres of land from Planned Development No. 29, and permanently zone approximately: 10 acres'presently delineated Agricultural - Open Space, to Planned Development including land uses of Shopping Center, Local Retail, Multi-Famil Patio Home, and Ingle -Family R tial, as requ to ajestic S Mitchell Barri Id$ty�. Thi est F� Deve meat is on and a tely 10 acre nnexed int of the Witsa Fisher Survey, Abstract No. 323, Collin"County, Texas, located at the north- west corner of the intersection of F.M. 2176 and Rock Ridge Road. Anyone wishing to speak either FOR or . AGAINST this request for Planned DevV lopment is invited to attend this public hea'(=, ing and voice their opinion. I" For further information, contact the Department of Community Development at 727-9181 or 424-7518 (metro). Marty Hendrix, -CMC CITY SECRETARY (TO BE PUBLISHED IN./THE ALLEN AMERICAN ON SUNDAY, OCTOBER 5, Ll 986)