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O-1171-5-93ORDINANCE NO. 1171-5-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 728-9-86 (PLANNED DEVELOPMENT NO. 38) AND AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: PLANNED DEVELOPMENT NO. 53 (PD NO. 53), ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 160.770 ACRES OF LAND OUT OF THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN, AREA AND USE REGULATIONS AND DEVELOPMENT STANDARDS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABII.ITY CLAUSE; AND PROVIDING FOR THE EFFECITVE DATE OF SAID ORDINANCE. 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 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of its legislative discretion, have concluded that Ordinance No. 728-9-86 (Planned Development No. 38) should be repealed and Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That from and after the effective date of this ordinance, Ordinance No. 728-9-86 (Planned Development No. 38) is hereby repealed. SECTION 2: That Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 160.770 acre tract of land, described in Exhibit "A" attached hereto and made a part hereof for all purposes, by changing the zoning classification from Planned Development No. 38 (PD No. 38) to permanent zoning of Planned Development No. 53 (PD No. 53). SECTION 3: That the land use plan, area and use regulations and development standards, attached hereto as Exhibits 'B" and "C" and made a part hereof for all purposes, shall be adhered to in their entirety. 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 herein. 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. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of 'Ivo Thousand Dollars ($2,000.00) for each offense. SECTION 7: That it is hereby declared to be the intention of the City Council that the sections, 1 1 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CTTY OF ALLEN, TEXAS, ON THE 6TH DAY OF MAY , 1993. APPROVED AS TO FORM: APPROVED: ce Farmer, MAYOR ATTEST: Ordinance No. 1171-5-93 Page 2 0 I* PLANNED DEVELOPMENT CONDITIONS FOR . ROWLETT FARM PARTNERSHIP l. I• I• ROWLETT FARM PARTNERSHIP 1 A 160.770 acre tract of land situated in Collin County, Texas, in the Mary Standifer Survey, Abstract No.. 812, being a resurvey of the 160 acres of land described in a deed from W. F. Bush, and wife, Eula M. Bush, to D. Whisenant, recorded in Volume 261, Page 494, of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at a 5/8 inch rebar found 6 inches below the surface of an east -west rock road (Rowlett Road, same being County Road No. 113) with the extension of an old fence and hedge row from the north and a dirt road from the south, at the southeast corner of said Standifer Survey and 160 acre tract; same being the northwest corner of a 448.28 acre tract (reference Volume 1197, Page 715); THENCE North 890 03' 00" West with the south line of said Standifer Survey and 160 acre tract, with the north line of said 446.28 acre tract, and with the center of said rock road, 2873.29 feet to a 5/8 inch rebar found one foot below the surface of said road at the southwest corner of said 160 acre tract; same being the southeast corner of 10.093 acre tract (reference Volume 1718. Page 104) and the southeast corner of a 162.296 acre tract (reference Volume 683, Page 98); same being at the junction of a rock road from the north (County Road No. 146); THENCE North 01 ° 12' 03" East with the west line of said 160 acre tract, the east line of said 162.296 acre tract, the east line of said 10.093 acre tract, and with the said County Road No. 146 for about 200 feet and continuing, leaving said road, passing a 5/8 inch rebar found 2.5 feet west of a steel corner post at the northeast corner of said 10.093 acre tract and continuing, passing a 5/8 inch rebar found at 1239.73 feet and continuing, passing a 5/8 inch rebar found at 1739.77 feet and continuing, passing a 5/8 inch rebar found at 2239.79 feet and continuing, in all, 2634.86 feet to a 5/8 inch rebar found at the northeast corner of said 162.296 acre tract, the northwest corner of said 160 acre tract in the south line of an 80 acre tract (reference Volume 665, Page 625); said 5/8 inch rebar being in an east -west fence; THENCE North 890 09' 33" East with the north line of said 160 acre tract, with the south line of said 80 acre tract, and with said fence, 21.80 feet to a 3/4 inch iron found at the southeast corner of said 80 acre tract, at the extension of said County Road No. 146 from the north; same being the west, southwest corner of a 100.020 acre tract (reference Volume 1040, Page 516); THENCE South 89° 12' 05" East with the north line of said 160 acre tract, the south line of said 100.020 acre tract, and approximately with an old fence and hedge row, passing the extension of said County Road No. 146 from the south at 97.75 feet and continuing in all 2615.97 feet to a 5/8 inch rebar on the east side of a large corner post at the northeast corner of said 160 acre tract and the inside corner of said 100.020 acre tract; same being the northwest corner of said Standifer Survey; Ordinance No. 1171-5-93 Enhibit 111 THENCE South 00° 37' 10" West with the east line of said 160 acre tract, a west line of said 100.020 acre tract, and with an old fence and hedge row, 864.18 feet to a 5/8 inch rebar found on the west side of a corner post at the south, southwest corner of said 100.020 acre tract; same being the northwest corner of a 96.88 acre tract (reference Volume 297, Page 217); THENCE South 00° 20' 15" West with the east line of said 160 acre tract, the west line of said 98.83 acre tract, and approximately with an old fence and hedge row, 1778.05 feet, to the PLACE OF BEGINNING and containing 160.770 acres of land. 2 0 REASONS FOR REQUEST I• This property was part of a 423± acre rezoning request which was approved in 1986. At that time, this 160.7± acre tract was rezoned with the Folsom Investments, Inc. and is currently know as Planned Development N238. The land uses established in P.D. N238 were based on the market projections at that time and assumed a joint development effort with this property and Folsom Investments's property. Since that time, however, Briar Ridge Investments has purchased the property, as well as approximately 2,400 acres to the south, east and west of the subject tract. As part of the planning efforts on Briar Ridge Investment's property, known as Twin Creeks, a reanalysis of the appropriate land use patterns and thoroughfare alignments have become necessary. In terms of land uses, the existing single family land is within Tracts 12 and 13 of Planned Development N238. This P.D. would permit approximately 125.7 acres of single family development, including a 10 acre park site. Specifically, Tract 13 permits a maximum density of 3.2 dwelling units per gross acre on 112.5 acres with a maximum of 360 dwelling units. Tract 12 allows for 4.5 dwelling units per acre on approximately 13.2 gross acres for an additional 60 dwelling units. A total of approximately 420 dwelling units could be developed under the existing zoning in these two tracts. Also permitted under the existing zoning is 12.2 acres of shopping center uses, approximately 17.0 acres of multifamily, on two separate tracts of land, and a church site. The purpose of this zoning request is to retain the same land uses as currently exist, however, the tracts have been rearranged to take advantage of the new thoroughfare alignments and land use patterns as proposed in Twin Creeks. The existing Planned Development District site plan indicates that the property was planned to be split by the extension of Exchange Parkway. The current proposal is to align Exchange Parkway along the southern boundary of this tract, (formally Rowlett Road) which will allow for this property to be developed as a cohesive tract. Also included in this request is a commitment for a 15 foot landscape easement along Exchange Parkway, as provided for in Twin Creeks. The minor acreage adjustments by land use category are indicated in the following table. LAND USE EXISTING ZONING IN ACRES PROPOSED ZONING IN ACRES SINGLE FAMILY 116.4 114.7 MULTI FAMILY 17.0 18.7 SHOPPING CENTER 12.2 12.2 CHURCH 5.1 5.1 PARK SITE 10.0 10.0 TOTAL 160.7 160.7 I• Tract 1 -Single Family— I• Ordinance No. 1171-5-93 Exhibit "B" 1. PURPOSE: This district is to be composed of single-family, detached dwellings, on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses. This district should provide for a density of 3.7 dwelling units per acre or a total of 420 lots. • 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: A. Single family detached units and accessory uses customarily incidental to this use. B. Parks and related uses as permitted by Specific Use Permit • C. Churches and related uses as permitted by Specific Use Permit. 3. HEIGHT REGULATION: No building shall exceed thirty (30) feet or two and one half (2 1/2) stories in height whichever is higher. I • 4. AREA REGULATIONS: a. Size of Yards: (1) Front Yard: There shall be a front yard having a depth of not less than • twenty five (25) feet. (2) Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. I• b. Size of Lot: (1) Lot Area: No building shall be constructed on any lot of less than seven thousand five hundred (7,500) square feet. Such lot shall have a minimum buildable area of three thousand (3,000) square feet. • (2) Lot Width: The width of any lot, except cul-de-sac lots, shall not be less than seventy (70) feet at the front street building line, nor shall its average width be less than seventy (70) feet. (3) Lot Depth: The depth of any lot, except for cul-de-sac lots, shall not be • less than one hundred and ten (110) feet, except that a corner lot may 2 IU f have a depth of less than one hundred and ten (110) feet provided that the minimum depth is not less than ninety (90) feet. (4) Cul -de -Sac Lots: Lots on cul-de-sacs may vary in width and depth, but in no event shall be less than required in b. (1) above. C. Minimum Dwelling Size: The minimum floor area of any dwelling shall be sixteen hundred (1,600) square feet, exclusive of garages, breezeways, and porches. d. Lot Coverage: In no case shall more than forty (40) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. BUILDING REGULATIONS• a. Main Buildings: All of the main residential buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stucco, stone, or similar materials. I• 1• R V V • Tracts 2 and 3 - Community Facilities Districts: 1. PURPOSE: This district is to provide for educational, recreational and municipal facilities to serve the welfare of the community. • 2. USE REGULATIONS: A building or premise in these districts shall be used only for park and open space area on Tract 3 and Church on Tract 2. 3. HEIGHT REGULATIONS: The height limits of the contiguous district which are most permissive shall govern, except that such limits may be exceeded as granted by the City • Council as part of the Site Plan Approval. 4. AREA REGULATIONS: The yard requirements of each adjoining zoning district shall govern along any such common boundary. The lot coverage and floor area ratio regulations of the contiguous district which are the most permissive shall govern, except `• that such limit may be exceeded as granted by the City Council as part of the Site Plan Approval. 5. SITE PLAN REQUIRED: A site plan shall be submitted to be department of Community Development prior to the issuance of any building permits in this district. • 6. WAIVER AND SATISFACTION OF THE PARK DEDICATION ORDINANCE• The commitment to dedicate this 10 acres of land for park and open space as herein specified in conjunction with the various dedications and park improvements included in this Planned Development District, satisfies the requirements of the City of Allen Park Dedication Ordinance No. 1102-4-94, and therefore this ordinance is waived for this Planned Development District. The funding and/or land dedication obligations of the Developer/Owner hereunder shall constitute the complete obligations of the development of the this Planned Development • District with respect to the City's requirements for any and all parks. So long as the Owner/Developer, its successors and assigns, shall comply with the funding and/or land dedication obligations under this Agreement, the City shall not impose any further assessment on the Property or any owners of the Property in connection with the City's park dedication and/or acquisition fee requirements. • A 4 V F � - .• 10 Tract 4 - Multi -family f 1. General: This tract permits the construction of attached multi -family dwelling units. The maximum density shall not exceed eighteen (18) units per gross acre contained within the limits of said tract, nor shall the total units exceed two hundred (200) units per individual tract. 2. uKi A. Multi -family structures and accessory buildings and uses, customarily incidental to this use and located within this tract. B. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height whichever is higher. 4. Area Regulations: A. Size of Yards: (1) Front Yards: There shall be a front yard having a required depth of twenty (20) feet. No required parking shall be allowed within the required front yard. (2) Side yard: There shall be a side yard on each side of the lot having a width of not less than fifteen (15) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Lot Depth: The depth of the lot shall not be less than two hundred (200) feet. I* B. Size of Lot: (1)Lot Area: A multi -family building shall be constructed on a lot of not less than one (1) acre. (2) Lot Width: The width of the lot shall not be less than one hundred (100) feet at the front street building line. (3) Lot Depth: The depth of the lot shall not be less than two hundred (200) feet. I• 5 I• • I• 1• • F• C. Minimum Dwelling Size: The minimum floor area of any dwelling unit shall be seven hundred (700) square feet, exclusive of garages, breezeways, and porches. D. Lot Coverage: In no case shall more than forty-five (45) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations: A. Tyne of Materials: All main buildings shall have exterior construction of a minimum of seventy-five (75) percent brick, tiles, cement, concrete, stone or similar materials 1.1 r� Tract 5 - Shopping Center 7 I• 1.General: The purpose of this tract is to provide an area as an integral part of this planned development district for retail and related uses. 2. Use Regulations: A building or premise shall be used for the following purposes: A. Cleaner or laundry (self-service). B. Hardware Store. C. Barber and beauty shops. I D. Florist or garden shops (no outside storage or sales). • E. Household appliance sales. F. Veterinarian (no outside runs). G. Drug store or pharmacy. H. Bakery (retail). I. Grocery store. • J. Day care center for children. K. Paint sales/wallpaper/interior decorating sales (all inside). L. Office supplies. • M. Building material sales (inside). N. Banks and financial institutions. O. Commercial amusements (indoor). P. Studios, photo, music, art, health, etc. Q. Furniture sales. • R. Auto part sales (indoor). 7 I• C 1• A I* U 4. S. Department or discount stores. T. Antique shops. U. Indoor theater. V. Restaurant (no drive-in). W. Restaurant (with drive-in window). X. Accessory buildings and uses customarily incidental to any of the above uses. Y. Uses similar to the above mentioned permitted uses provided activities conducted observe the requirements of all City Ordinances. Z. Uses as may be set forth and permitted under the Specific Use Section of the Zoning Ordinance for the shopping center district and to include service station uses. AA. Other retail stores and personal services of similar nature and character provided that the business establishment supplies the everyday shopping needs of the immediate neighborhood and subject to the following conditions: (1) That is be conducted wholly within an enclosed building. (2) The required yards not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment container, or waste materials. (3) That all merchandise be first hand and be sold at retail on the premises. (4) That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. Height Restriction: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height whichever is higher. Area Regulations: A. Size of Yards: (1) Front Yard: A front yard of a minimum of twenty-five (25) feet shall be observed for all buildings. Parking shall be permitted in the front yard area. 8 (2) Side Yard: There shall be a minimum side yard of fifteen (15) feet on the �• side of a lot adjoining a street, alley, or residential district. i (3) Rear Yard: A rear yard shall not be less than twenty-five (25) feet. B. Lot Coverage: In no case shall more than fifty (5) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. • C. Floor Area Ratio: The ratio of total floor area of all buildings to total land area shall be a maximum of 1:1.25. 5. Building Regulations: • A. Type of Materials: All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete or similar materials. :l • E 0 Development Standards Is Prior to the approval of a Final Plat for any tract within this Planned Development District, an overall facilities agreement, for all tracts within this Planned Development District, acceptable to both the City of Allen and the Property Owner shall be executed. This facilities agreement shall address the distribution of costs and responsibility for construction and maintenance of Exchange Parkway, and Alma Road. The components of these roadways to be addressed will include parkways, through lanes, right and left turn lanes, easements, medians, bridges, landscaping, irrigation and street lighting. 10 �c, to 10 • • C u 0 • • • (110' R.O.W.) • •_ • TRACT 2 CHURCH I 5.1 ACRES R.O.W. 0.6 AC. TRACT 1 SINGLE FAMILY 114.7 ACRES 2.6 AC. R.O.W. 112.1 AC. NET n I � r � r � 1 1 r � TRACT 4 ITRACT 31 MULTI -FAMILY j PARK l 18.7 ACRES 10r 0 ACRE 1.3 AC. R O.W. 0.31 AC. R.O.W." � 17.4 AC. N ET F TRACT 5 9 i, AC. N ET ; I SHOPPING CENTER ► i , 12.2 ACRES //�-- 1.9 AC. R.O.W. 15' LANDSCAPE, NTILITY 10.3 AC. NET & PEDESTRIAN EASEMENT--\- ZONING ASEMENT _ ZONING EXHIBIT 0 100' 200' +00• Goo* N r F - z w 2 w U) w z a U) w 0 Lu (L zi U) 0 z J M I EXCHANGE PARKWAY Ordinance No. 1171-5-93 Enhibit "C" LAND PLANNING FOR ROWLETT FARM A,C^.,. Ferrero AreA1iec, PARTNERSHIP Dow 10 -s -G2 G""jW. 2 ..s ...........••iso.hi1• », 11-23-G2 M 2 JM EXISTING ZONING 0 100' 200' 400' 600' N I ROWLETT ROAD LAND PLANNING FOR O ROWLETT FARM PARTNERSHIP 11,en.,0 F.,,.,. ♦,CnI1.Ct. InC. DH. 12-7-92 Sheol V:.1 ..s ,.... s,••,so.s a 2 ..... .10-o1:, .. Job 92046 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation i said county, and having been published regularly and continously for more than twelve (12) months prior to publishing I of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on I Wednesday May 12, 1993 & Sunday May 16, 1993 I and which was issued on May 12, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of A.D. 192 I V. A. TODD MY COMMISSION D(PIRES Decanter 5, NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 45.00 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their, regular meeting held on Thursday, May 6, 1993 (Title and Penalty Clause only) - Ordinance No. 1171-5-93 An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 728-9-86 (Planned Development No. 38) and Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit- Planned Development No.. 53 (PD No. 53), on the Following - Described Tract of Land: 160 770 Acres of Land out of the Mary Standifer Survey, Ab- stract No. 812, City of Allen, Collin County, Texas; Providing for a Land Use Plan, Area and Use Regulations and Development Standards, Providing for a Penalty of Fine not to Exceed the Sum of Two Thodsand Dollars ($2,000.00) for Each Offense; Pro- viding for a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No 829-11-87 of the City of Allen, as heretofore amended, and uporf conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A' copy of this ordinance may be read or purchased in the office,of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. ' /s/ Judy Morrison f City Secretary ' CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their, regular meeting held on Thursday, May 6, 1993 (Title and Penalty Clause only): 'Ordinance No. 1171-5-93. An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 728-9-86 (Planned Development No. 38) and Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit: Planned Development No. 53 (PD No. 53) on the Following - Described Tract of Land: 160.770 Acres of Land out of the Mary Standifer Survey, Ab- stract No. 812, City of Allen, Collin County, Texas; Providing for a Land Use Plan, Area and Use Regulations and Development Standards; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Pro- viding for a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this' ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary