O-3400-7-16ORDINANCE NO. 3400-7-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, RELATING TO THE USE AND
DEVELOPMENT OF LOT 1, BLOCK 1, BETHANY WORSHIP ADDITION, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED
DEVELOPMENT PD NO. 104 FOR COMMUNITY FACILITIES (CF) BY CHANGING
THE BASE ZONING ON SAID PROPERTY TO SINGLE-FAMILY RESIDENTIAL
(R-7) AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN,
LANDSCAPE PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all the property owners generally and to all persons interested and situated in the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
' should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT
SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations of Planned Development No 104 and adopting a Concept Plan, Landscape Plan, and Building
Elevations relating to the development and use of Lot 1, Block 1, Bethany Worship Addition, City of Allen,
Collin County, Texas, ("the Property"), by changing the base zoning from Community Facilities (CF) to Smgle
Family Residential (R-7) and to be used and developed in accordance with the use and development regulations
set forth in Section 2 of this Ordinance
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code ("ALDC"), as amended, except to the extent modified by the Development
Regulations set forth below -
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the
Single Family Residential R-7 standards of the ALDC, except as otherwise provided limm.
B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "A," and incorporated herein by reference. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan may be made at the time of plat
approval Furthermore,
C. SCREENING: Screening shall be constructed and/or installed along the boundaries of the Property
in general conformance with the Concept Plan attached hereto as Exhibit "A," and incorporated herein
by reference No building permit shall be issued until the fence permit has been issued and construction
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of the screening wall has commenced No final inspection will be conducted until the Director of
Community Development or designee has determined that construction and installation of all required
screening has been completed.
D. LANDSCAPING: The Property shall be landscaped in general conformance with the Landscape Plan
attached hereto as Exhibit "B," and incorporated herein by reference No final inspections for any
building constricted on the Property shall be granted until the Director of Community Development or
designee has determined that installation of all landscaping materials and associated irrigation is
complete
E. TREE MITIGATION: Development of the Property in accordance with the Concept Plan is going to
result in the removal of approximately 1,202 caliper inches of protected trees from the Property
Mitigation for the removal of the protected trees from the Property shall be as follows
F.
(1) No fewer than three hundred mnetyone (391) trees ("the Replacement Trees") shall be
purchased and delivered to the City of Allen tree farm at no cost to the City as follows
(a) The fast delivery of no fewer than 50% of the Replacement Trees shall occur not later
than six (6) months following the date on which the City issues the fast construction
permit for a budding to be concocted on the Property, and
(b) The second delivery, consisting of the balance of the Replacement Trees, shall occur
not later than six (6) months following the date of the first delivery of Replacement
Trees to the City
(2) Unless a different specimen of trees is otherwise approved by the Director of Parks and
Recreation or designee, the Replacement Trees shall be of the following specimens and to the
following quantities
Specimen
Quantity
Gingko, Biloba
50
Common Persimmon
80*
Pecan
80
Princeton Elm
120
Pond Cypress
61
Total
391
*If 80 Common Persinmmon are not available,
Princeton Elm or Pecan
the balance may be substituted with
(3) All Replacement Trees delivered to the City shall be growing and healthy at the time of delivery
with no disease or insect infestation, balled and bmlapped (not less than 35 gallons), and with
a trunk of not less than three (3) caliper inches measured three (3) feet from the base of the tree
trunk No tree shall be deemed to be a Replacement Tree for purposes of this Paragraph E until
they have been inspected and accepted on behalf of the City by the City Forester
(4) Notwithstanding Paragraph E(1)(b), above, no more than 75% of the budding permits for
construction of residential structures on the Property shall be granted until all Replacements
Trees have been delivered to the City.
TREE PLANTING: Two shade trees, each with a trunk diameter of not less than four (4) caliper
inches measured three (3) feet above the base of the trunk at time of planting, shall be planted on the
lot of each dwelling unit. Not less than one (1) tree shall be planted within the front yard of each
Ordinance No. 3400-7-16 Page 2
dwelling unit with the second tree to also be planted in the front yard if there is sufficient lot width to
properly space the trees in order to prevent overcrowding and provide proper growth of the trees to full
' maturity If the rernattung shade tree cannot be planted within the front yard, it shall be planted within
the rear yard of the same lot.
G. BUILDING ELEVATIONS:
(1) The residential units constructed on the Property shall be developed in general conformance
with the materials (both in style and mix) and architectural style as the Budding Elevations
attached hereto as Exhibit "C," and incorporated herein by reference
(2) Residential units with the same budding elevation shall not be constructed more frequently
than every fourth (0) lot on the same side of the street (i e, same elevations most be constructed
on lots separated by at least three lots with different elevations)
(3) Garage doors shall be of tannage hardware design
(4) Driveways shall be washed aggregate or salt finish concrete.
(5) Any windows on a second floor of the rear elevation of Lots 1-14, Block B, must be one or
both of the following (to be developed in general conformance with the floorplan and elevations
shown in Exhibit "D")
(a) Transom windows; or
' (b) Opaque Glass
H. LOT DESIGN CRITERIA: The lot design cntena for the Property shall be as follows.
(1) Minimum Lot Width Fifty(50)feet
(2) Minimum Lot Depth. Ninety (90) feet, with exceptions to Lots 16 and 17, Block C, and Lots
2 and 3, Block B, which rim run lot depths shall be as shown on the Concept Plan, provided,
however, the Planning and Zoning Commission, on the recommendation of the Director of
Community Development, may approve a final plat of the Property where the depth of one of
more of Lots 1 through 14, Block B, as shown on the Concept Plan, is less than numety (90) feet
if the reduction of such lot depth is necessary to provide for the dedication of a public alley
easement along part or all of the eastern portion of the Property in order to ensure proper
backing and turning space between the screening wall constructed along the easter boundary
of the Property and the rear entry lots developed on the land east of the Property
(4) Minimum Dwelling Unit Size 2,200 square feet (including floor area of garage)
(5) Maximum Lot Coverage 66
BUILDING SETBACKS: The mountain building setbacks for buildings constructed on the Property
shall be as follows:
(1) From Yard Setback 10 feet
' (2) Corner Lot Side Yard Setback 5 feet
(3) Garage Setback 20 feet (to face of the structure)
Ordinance No. 3400-7-16. Page 3
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J. RIVERCREST BOULEVARD: Having reviewed the Proportionality Study and Cost Estimate for
the reconstruction of Rivemrest Drive, notwithstanding anything to the contrary set forth in Section
8 05 of the ALDC, no reconstruction of Rivercrest Boulevard shall be required with initial development
of the Property
K SIDEWALKS: In accordance with ALDC Section 8.05.5.1, sidewalks shall be constructed or
reconstructed along Greenville Avenue and Riverorest Boulevard, the completion of which shall occur
prior to the issuance of the first budding permit for any residential dwelling unit to be constructed on
the Property
L. CONNECTION TO GREENVILLE AVENUE: A roadway connection to Greenville Avenue will
be provided by the developer with this project
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be
void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the
Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and
effect
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose
SECTION 6. Any person, fin or corporation violating any of the provisions or terms of this Ordinance shall
be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 7. Thus 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 12TH DAY OF JULY 2016
APPROVED AS TO FORM:
i?,� d
Peter G. Smith, C ATTORNEY
(kbl 6/29/16 77619)
APPROVED:
AaLcw
Steph MAYOR
ATTEST:
Shelley'B. Georg , C, CITY S RETARY
Ordinance No. 3400-7-16, Page 4
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