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O-3370-3-16ORDINANCE NO. 3370-3-16 ' 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, BY AMENDING THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR 70.601± ACRES OF LAND IN THE T. G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 105; 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. 105 and adopting a Concept Plan and Building Elevations for 74.601± acres of land in the T. G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas ("the Property"), described in Exhibit "A," attached hereto and incorporated herein by reference. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, 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 District R-7 standards of the ALDC, except as otherwise provided herein. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "B" 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. C. BUILDING ELEVATIONS: The Property shall be developed to general conformance with the ' Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference. D. LOT STANDARDS: The lot standards are as follows: * Side yards that front a street. 2. Type D lots with both alley access and street access shall only be accessed through the alley. 3. Side setbacks for Type D lots shall he 7 feet and 3 feet, with a minimum of 10 feet of separation between dwelling units. The 3 foot side setback for each lot shall be designated with platting. E. DENSrrY: The maximum gross density allowed shall be 2.7 dwelling units per acre. F. SCREENING: ' L Screening along Bethany Drive may be provided in any one of the following ways: a An eight foot tall earth berm. b. An eight (8) foot tall living wall system that provides a structural framework for evergreen plant material that can be trellised or espaliered within it and provides 80% opacity within three years of installation. C. Eight (8) foot tall masonry screen wall. d. Any screening technique including a combination of items mentioned in a. thin c. above that provides the same level of screening as approved by the Director of Community Development. 2. Lots adjacent to the Neighborhood/Community Reserve Area may have decorative metal fencing where indicated on the Concept Plan. G. BUILDING SETBACKS: Front and rear entry garages must be a minimum of 20 feet between the face of the garage wall and the lot line. 2. Front porches on Type D lots shall be allowed to encroach 7 feet beyond the front building line. ' H. MAILBOXES: Mailboxes for Type D lots shall be clustered mailboxes satisfying United States Postal Service Requirements and located so that on -street parking cannot obstruct mail delivery. THOROUGHFARES: All internal rights -of -ways shall be a minimum of forty-five (45) feet wide. Ordnance No.- 3370-3-16. Page 2 Minimum Product Minimum Minimum Minimum Minimum Minimum Maximum Dwelling Front em Type Lot Width Lot Depth Setback Setback Side Setback Coverage Unit Size (s .ft.) A 90 feet 135 feet 15 feet 25 feet 10 feeNl5 55% 1,800 feet* B 75 feet 130 feet 15 feet 20 feet 7.5 feet115 60% 1,800 feet* C 62 feet 130 feet IS feet 5 feet 6 feet/15 65% 1,800 feet* D 55 feet 125 feet 15 feet 5 feet 7 and 3 65% 1,800 twills feet* * Side yards that front a street. 2. Type D lots with both alley access and street access shall only be accessed through the alley. 3. Side setbacks for Type D lots shall he 7 feet and 3 feet, with a minimum of 10 feet of separation between dwelling units. The 3 foot side setback for each lot shall be designated with platting. E. DENSrrY: The maximum gross density allowed shall be 2.7 dwelling units per acre. F. SCREENING: ' L Screening along Bethany Drive may be provided in any one of the following ways: a An eight foot tall earth berm. b. An eight (8) foot tall living wall system that provides a structural framework for evergreen plant material that can be trellised or espaliered within it and provides 80% opacity within three years of installation. C. Eight (8) foot tall masonry screen wall. d. Any screening technique including a combination of items mentioned in a. thin c. above that provides the same level of screening as approved by the Director of Community Development. 2. Lots adjacent to the Neighborhood/Community Reserve Area may have decorative metal fencing where indicated on the Concept Plan. G. BUILDING SETBACKS: Front and rear entry garages must be a minimum of 20 feet between the face of the garage wall and the lot line. 2. Front porches on Type D lots shall be allowed to encroach 7 feet beyond the front building line. ' H. MAILBOXES: Mailboxes for Type D lots shall be clustered mailboxes satisfying United States Postal Service Requirements and located so that on -street parking cannot obstruct mail delivery. THOROUGHFARES: All internal rights -of -ways shall be a minimum of forty-five (45) feet wide. Ordnance No.- 3370-3-16. Page 2 J. STREET LIGHTING: LED luminaries may be used as street lighting within the neighborhood sections. The location of all LED luminaries shall be in accordance with plans approved by the City Engineer concurrent with approval of the plats and designs for public improvements for the Property and various portions thereof. LED luminaries will be maintained by the respective homeowners' associations or the Master Maintenance Organization which owners and/or maintains the portion of the Property where such luminaries are located. K FLOODPLAIN RECLAMATION: The final lot layout and determination of the amount of developable area of the Property is contingent upon obtaining approval from the Director of Engineering of a floodplain reclamation plan that complies with the City of Allen Drainage Criteria Manual, applicable provisions of Article V of the ALDC, as amended, and otherwise does not present an adverse impact to the floodplain and downstream properties by providing for no rise or increase in storm water velocity and no decrease in valley storage. A minor reconfiguration or reduction in the number of lots in order to comply with an approved floodplain reclamation plan shall not require an amendment to the Concept Plan as long as the general alignment of streets as shown on the Concept Plan is maintained and approved at the time of plat approval. 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, firm 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. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22"o DAY OF MARCH 2016. APPR Stephen Terrell, MAYOR 'APPROVED FORM: ATTEST: Peter G. Smith, Shelley B. George, SECRETARY imrM/is 75oae> Ordinance No. 3370-3-16, Page 3 EXHIBIT "A" DESCRIPTION OF PROPERTY uETES ANO BOUNDS OESCWPOON BEING a tract d bM dtwted In tins T.G. Npnedy 5are y, MMmcl M. MO. Cay of Mon. Cdlb Cwnty, Tem. the wbj d tract app, o port.n at a tract cornered to Fraena, Form Colnwrb. Ltd accerdlfN to the deed mcordee o Dowmpd No 2044--0DWSa of lM Net RacoNt, Cafe Cwnty, Tam (ORCCI) pd being a porton M a tract con red to 1bMgamery Tee Forme LLL according to the dead records in Doc. No. 2009-0814160 d 1M Ord Records, CMI'n County. Tam (DINCT), and being a1I o1 a IR. Block 1, Wllllarm-Od Who, Addition w recorded In Cab. 2013, P9, 549 of On pot records. Conn Comply, Tom. (PACCI). the 'object tract bring non wrpcularlf dncdMd of fallow.: BEOWNNG at o I/2' mm rod iM plonk rap I lampad 'SPIARSENG' a on tM ewe line d Betharry Urhw. a ornics Math d9M-M-way canarye! to tM CBy of Allen by Geed rearmed In Document Na. 2002-0013685 DRCCT, for ON wrtMeN comon, of a bract cion" h JBGL Hrthorne, LLL, recorded in DocumWN No 2014050100p42p200 ORCCT; IHENCE at" t th aprepat Net three. the fallwirq 5 ovopnr W. 145.34 feet W a 1/2' hon and WNh plastic cop whinged SPVRSENG' se. N W53'03' W. 5.00 fee to a 1/2' Iran and with plastic cop slanpad 'SPIr,RSENG' wt; S 01'OWSr W, 489.69 fee to a 1/2' ver rad .ph plw6c wap stamped 'SPIARSENG' eat; S 73'35'01' L 14143 feet to a 1/2' iron rod nth plastic cop damped 'SPIMSEN6' e; Arountl a topped cone to 11% oft h Hing a canted "a of 002411', a mdhW d 322.50 he a chord M S 16'4816' E - 36.05 fe an art Irgth of 36.07 he to a 1/2' Imp rod With poetic cop Mpnped VIAJ?SENO' Not: Md 5 0151'21' W. IM 75 IM W a 5/8' imp me Oth pbe5c cop mellped 'MW bred kr ' BW ewtho st corner d rW JBGL loopi time oM far tM IxNhwrt comer d a beet cameyw to wlgm 5. Mwtipomory, Jr., TmwMe of the W iffon S Wldgoanery, Jr. Tinel D A NW 2005 Drceldonb T.M. recorded M Dacumerd W. 20140pOBO0p289950 MC1;iNENCE a the convention line thpwl, the fdlompw S 01'51'21' W. 1504-08 hM to a 1/2' Ira roil hue; S 5'rSY31' E. 216.21 IM to o 1/2' Len me oM porta cop stamped -A RSENC eel; Are S 004831' L 261.50 tee to 4 1/2' iron rad If poop, rap Nampd 'SPARSW10' e an the north W M a ted wnrye l to Wdw^Wry Tin Farms, LLC. recoreed in Dcwnnnl W. 20gW713000874180 DlI=. THENCE wines mid WlNpwwy Too Fai front the hllawing, S 0346'31' G 56.92 hM Is a 1/2' iron roe with plaMk cap ,hmpad 'SPIJRSENG' rt: N 2738'41' W, 51.32 Not to a 1/2' iron mol with plash, cap Nnmpd 'SFIARSENG' web N 4W44'07' W, 11032 fel to a 1/2' Iran rod Mth pbsec cop damped 4WMSEN0' wet; N 27"'17' W. 13038 M to 0 1/2' hon and with poetic cop marrin l 'SPVIRSENC' Not; N 5747'38' W. 21597 fest to a 1/2' bon rod Mth pbstk cop stamped 'SPINISEN6' sob N 74.2345 W. 21331 het to a 1/2' ban and Mth pbwtic cop Mampod *WMSENG' M; N 755r45 V. 300A Net to 0 1/2' iron rod wit, plaNt rap enmped 'vIAMENG' wthi 5722'4r W. 221]9 Net h o 1/2' Iron and wM pbMN cop .tamped VP ENG' set. O3diaaace No, 3370-3-16 Page 4 N GlAY05' W. 25375 om to a 1/7' bn rod with plastic cap clamped SPIL R EK* wt. ' S WHIR' W, 157.10 last m a 1/2' ;ren red wM plastic cop stamped '6PW SEND' W. N "'16'57' W. 51.10 deet b a 1/2' ian rod WTh platc asp damp 'SMRSENG' ast N 51.36'57 W. 27.09 fest m a l/2' Pon tad In plass, asp camped 'SMARSEWC rot; AM N 09'1730' E. 69.42 feet m a 1/2' iron rein with plakic cop smrnlWd '11ALFP' Ieu l 1w tine mutlracl maser 0 lot 2, Black 14 MFbms—dd Didst" AddXbn. an addXlan rarordd In Cadnot 2013. Puss 542 of tits PM Record.. CWdn Crony. Toms (PRCC1); HENCE .tarp tM camas Ilm thenal, the Mol woslr : N W'473W L 260.55 fest W a 1/2' imn rod wPh pinch, asp stampM i41U7' f"W; N 6811'2r W. 164.26 fast m a 1/2' imn rad with plastic asp stamped 'l-XFr frond; Md 5 W 45'57 W, 192.65 Inst b o 1/2' has and cth plastic cap camped i1kLFr fmM for tins soWhwast coma of mid W 2. a" I; HENCE ac. mid ldvntg 7 T. Prom bpi, OW folbwirp: S 09'59'03' W. 49.31 IM % a 1/2' pan rm won plakc ,tip elanpm 'SPIARSEN7 ml N 61'5537' W. 5133 M Ac • 1/2' Is, rad wip plastic cap slompm SPPASDW rot N 3835'51' W. 176.70 fast b a 1/2' Iron rod with PIaWc M stamped SPNRSEK* me N 45'21'35' W. 15.5.24 IM b a 1/2' Iron and stU plame cap Pon SMARSp7 ml; N 071743' W, 14606 lest to a 1/2' iron rod with pla9k asp Ramped SPNRSDW ut N 6T2936' E 207.69 fast to a 1/2' iron rad with plastic cap stamped IPIARSM' asL N W4Q'W W. 147.17 fast fa a 1/2' imn tad wM plastic asp skimp" SPPRSENG' me ' N 2023'14' W. $2.24 feet is, a I/2' iron rad win plastic asp stamped SPWMENG' est: N 52'39SS' W, 94.07 feel to a 1/2' Iron rad with plastic cap stoned 'SPIAJMMG' rot Md Al 3723'N' F 65.17 feet m a 1/2' iron rod wM plastic asp eW^ped SPPASEl17 eel for 0. mast muthcy cpm, of The Neadas 4P NantpoWry Form, an addtic, recorded in CabNW R. Pep 73 PR=.. THENCE clasp tti tainmen line in~. the f ll w"a N 3820'39' E. 51.51 fast t, a 5/r ion red weh plaellc mp stomped 'IOUAR' fauna: S 7705'"' E, 112.12 fM Is, a 5/6' ;rm rad wWI pkmfc mp comped 70LLW found: N 76'42'4i' E, 13576 fast to a 1/2' lam rsd With plastic asp starnpd SPKRSF717 mt N 5830'25' E 135.77 fist to a I/2' iron rod .!in plastic asp stamped SMARSENG' set. N 3,118'6' E 135.76 het to en 'X' rot in concMe: Ordinance No. 3370.3.16, Page 5 N 09'32'21' E, 431.14 IM to a 1/2' bon rod with plodic cap damped SPIIRSEN W on the MO One of Wald DIM. a 45 east right-of-lora. ' T NCE S 5732'35' L 75.31 IW m a 1/2' iron rod will, pothe cep etompod 'SPW6ENG' W; 5 5732'35' E. 105-05 feel to a 1/2' ten red 4th plmac cap Vamped SPIMSENG' W, 5 4722'35' IS MAO 163 to a 51W than W wM pNetic cap damped 20LLAN' lard: 5 5722'35' E 50.00 foot to a 1/2' tan rood With pledk cap Maenad SAIISING' eel. N 0737'25' E. 169.65 fed 1a an 'N' W In auvetw MMn0 a lar"M ale to IM alone IWng a antml ant's of 20320040, a rodiw of 175.W hd o chord d N 1753'27' E - 62.35 IM an or, length of 42.72 W W a 1/2' iron rod wiel olodic cap stamped 'SPpaSDW ed: N 23'09'26' 6 7730 IW In a paint M a addgs: Moaned a ear wrot save to tot lea hood" a aMd alple of 174327', a radius of 232.50 heel a attend d N 164746' E - 5133 bed an art length of 51.63 tort to a 1/2' iron had d6, pledo, aap damped "WKRS MG' WN 10'26'02' F, 25.45 red to a 1/2' livn red e5h plastic cap dampod SPMENG' W; Met goo nd a an-tangent curve to the tight Met" a cenhml angle of 5032'50', o hadleo of 20.00 foeE a chond oe N 36'50'59 E - 17.06 Net, an arc length of 17.64 IMI b a 1/2' iron rad with plastic cap shampd SPUNSENG' M on the south fine d Who, dive: INEIICE aim 5N eoulh lien d Bethoml Drive, the foliating. Mound a ave,-tangent curve W the right hev4g a canhol angle at 0332'41, a raims 0 1015.50 IW. a chord of 5 74'47'57' E - 62.118 IW, an an length d 6288 feet to a 1/2' ion rod veld plook cap sherpd SpVISSMG' r! 5 7701'36' E, 103.51 IW W a 1/2' Iron and wah plwk cap damped SPOASENG' W; ' And areal a tergal curve to Nr lea having a antral angle M 375056', a radius d 1133.50 fW a ahMC of 5 59'31'04' E - W3.52 fW an arc length of GW50 IW b lM PONT D1 Bt7GBMING whh the euplod trod cartolning 3249.032 square two Or 74.601 oaa of lad 1 Ordinance No._ 3370-3-16 Page 6 L EXHH3TT'B" CONCEPTPLAN Ordinance No. 3370-3-I6, Pngc 7 E n EXHIBIT "C" BUILDING ELEVATIONS 90' Lots (Type A) — Elevation Concept Renderings fawae Mmenal:: Bruck stone, stucco Roof Materwb: Asphalt SMngle%Sending Seam Metal, TBe AYMY" rc"`_ Ordinance No. 3370.316, Page 8 1 EXHIBIT "C" BUILDING ELEVATIONS cwt. 75' Lots (Type B) — Elevation Concept Renderings fapde Materals: gfldk,Stonq Stumo Roof Matensls: RSDhah Shingles, Standing Seam Metal, rile Ordinance No._ 3370-3-16, Page 9 EXHIBIT "C" ' BUILDING ELEVATIONS cont 62' Lots (Type C) — Elevation Concept Renderings fapOe Materlols: Brld, Ston, SW¢o Roal MatenaB: Mphah SMnBlea, StandlnB Seam Metal, TMe Ordinance No. 3370.3.16. Page 10 EXHIBIT "C" 1 BUILDING ELEVATIONS cont. 55' Lots (Type D) — Elevation Concept Renderings 1 1 Fa,ade Materials: Brice, Stone. Stucco, Wing Roof Matedab: Mpt'att SMngles, Standing Seam Metal, tae Ordinance No. 3370-3-16, Page 11 media trr � � rig: rlt Allen American, Celina Record, Internet AFFIDAVIT OF LEGAL NOTICE I, Nick Souders, Inside Sales Manager of the Allen American, Celina Record, Internet a newspaper printed in the English language in Collin County, State of Texas, do hereby certify that this notice was Published in the Allen American, Celina Record, Internet on the following dates, to -wit Allen American 03/24/16 03/31/16 Celina Record 03/25/16 04/01/16 Internet 03/24/16 03/31/16 PO# 90460; $126.00 (Cost) of the Allen American, Celina Record, Internet Subscribed and sworn on this q I day of r t --e. '201 w lu JONI CRAGHEAD Notary Public, State of Texas Jotary PUDlic. State of Texas Comm. Espres 03-14.2020 11 www.starlocalmedia.00m 624 Krona Drive, Suite 170, Plano, TX 75074 Name: 03/24/16 to 04101/16 Company: CITY OF ALLEN - CITY SECRETARY Address: 305 CENTURY PARKWAY Ad Taker: ALLEN, TX 75013 Account ID: 45160 Account 6 Telephone: (214)509-4108 Fax: (214)509-4116 E-mail: acwuntspayable@cityofallen.org SIC code: 3.5 Publicalions:Allen American, Celina Record, Internet Classified (972) 422 -SELL Recruitment: (972) 578 -WORK Legals: (972) 398-4233 Run dates: 03/24/16 to 04101/16 Class: 1710 Ad ID: 87228 Ad Taker: JCRAGHEAD Sales Person: 005 Inserts: 6 Words: 182 Lines: 32 Columns: 3 Depth (Inches): 3.5 Payments: Method Card Name Last Expire Check Type on Cad Diow Date Number Paid Amount: - $0.00 Amount Due: $126.00 LF*AL NOTICE CITY OF ALLgq ENTBLIc won" Notice is hereby given that the Allen City Council adopted the finkw- ME Orthimnce at its regular meeting held on Tuesday, March 22, 2016. ALLEN LAND CONCEIT PLAN, AND ADOPTING B 74.601* ACRES OF LAND IN THE TRACT NO. 500, CITY OF ALLEN, CI PROPERTY IS LOCATED IN AND SUE OF PLANNED DEVELOPMENT NO. ING AN EFFEC TIE DATE A copy of this Ordinance may be runt t or purchased in the OI the City Secretary, Cay of Allen, 305 Century Parkway, Allen, 75013 or may be viewed at www.cnyofallen.orR /a/ Shelley B. OmW, City Senetary Amount Paid 03/23/16