O-3087-6-12ORDINANCE NO. 3087-&12
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FOR 19.237± ACRES IN THE MARY
STANDIFER SURVEY, ABSTRACT NO. 512, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM AGRICULTURE -OPEN
SPACE "AO" AND COMMUNITY FACILITIES "CF" TO PLANNED
DEVELOPMENT "PD" NO. 109 FOR SINGLE-FAMUM RESIDENTIAL "R-5" USE;
ADOPTING A CONCEPT PLAN; ADOPTING BUILDING ELEVATIONS;
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABH.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, have 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 the Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen,
Collin County, Texas, as amended, be further amended by granting a change in zoning for 19.237± acres in
the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas, described in Exhibit "A"
attached hereto and incorporated herein by reference ("the Property") from Agriculture -Open Space "AO"
and Community Facility "CF" to Planned Development `RD" No. 109 for Single -Family Residential "R-5"
use.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amendment, 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
"R-5" Single -Family Residential zoning district regulations of the zoning regulations of the
Allen Land Development Code, except as otherwise provided herein.
B. Permitted Uses: The only uses permitted on the Property are those uses permitted in the "R-
5" Single -Family Residential zoning district except as otherwise provided herein. Rear alleys
are not required.
' C. Concept Plan: The Property shall be developed in general conformance with the Concept
Plan attached hereto as Exhibit `B" and incorporated herein by reference. In addition to the
authority to grant minor modifications to the Concept Plan set forth in Sec. 4.08.17.4.c.ii,
minor modifications to street locations that do not alter the general alignment shown on the
Concept Plan may be made at the time of Site Plan approval.
'
D. Density: The maximum number of residential units that may be developed on the Property
shall be forty-two (42).
E. Lot Width: The minimum lot width shall be sixty-five feet (65% provided; however, cul de
sac and knuckle lots (as identified on the Concept Plan) shall be allowed a minimum lot
width of sixty feet (60').
R Lot Depth: The minimum lot depth shall be one hundred twenty feet (120'); provided,
however, cul de sac and knuckle lots (as identified on the Concept Plan) shall have a
minimum lot depth in accordance with the "R-5" Single -Family Residential zoning district.
G. Maximum Lot Coverage: Seventy-five (75) percent.
H. Open Space and Minimum Parkland:
(1) The Property shall be subject to the Allen Land Development Code requirements for
open space, dedication of flood plain and park land, or payment of fees in lieu of park
land dedication; provided, however, the open space, as designated on the Concept
Plan, shall be deemed to satisfy the Open Space dedications required for development
of the Property if the City and the Property's owner(s) enter into an agreement prior
to the submission of a site plan for development of any portion of the Property
governing the dedication and maintenance of open space, flood plain and park land
within the Property.
(2) The Open Space identified on the attached Concept Plan as "floodplain/reclamation
area" shall be dedicated to the City of Allen. The developer and/or homeowner's
association ("HOA") established to enforce private covenants relating to the Property
will be responsible for maintaining the area labeled "Open Space (floodplain)" on the
Concept Plan in accordance with the City of Allen floodplain maintenance standard.
A fifteen (15) foot strip along the single loaded street shall be mowed on a frequency
to keep vegetative growth less than 12 inches. All other open space, not designated
as open space floodplain, shall be owned and maintained by the HOA.
I. Sidewalk: A sidewalk will not be required to be constructed on the western edge of the single
loaded street abutting the area labeled as "Open Space (floodplain)" on the Concept Plan.
K. Floodplain Reclamation: Floodplain reconfiguration shall be permissible, only to the extent
illustrated in the attached Concept Plan, upon successful determination through a hydrologic
and hydraulic analysis by a registered professional engineer that water surface elevation,
velocity and valley storage of Rowlett Creek are not ultimately diminished, when computed
using fully -developed watershed conditions. Furthermore, the developer shall successfully
document any revisions to the Flood Insurance Rate Map (FIRM) with appropriate Letters of
Map Change (LOMCs), as deemed necessary by the City of Allen Engineering Department,
prior to the Community Development Department granting occupancy to any homes shown
to reside within the 100 -year regulatory floodplain, as would otherwise be depicted in the
current Digital Flood Insurance Rate Map, dated June 2, 2009.
'
L. Screenine: Screening for the Property is identified on the attached Concept Plan and shall
consist of an eight (8) foot masonry wall along the eastern boundary of the Property adjacent
to the First Christian Church property, a six (6) foot board on board fence and ten (10) foot
landscape buffer (with native plant material to reach a height that prevents headlight pollution
Ordinance No. 3087-6-12, Page 2
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from the adjacent cul-de-sac) along the northern boundary of the Property, and an eight (8)
foot masonry wall along the rear of the lots adjacent to Exchange Parkway.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and
development of the Property, 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, 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, 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 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 of the
caption 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 12" DAY OF JUNE, 2012.
APPROVED AS TO FORM:
`py Peker G. Sinilh, City Ar omey
(gym: aw12:557c)
APPROVED:
Stephen Terrell, Mayor
ATTEST:
ShelleyTRMC,
ary
Ordinance No. 3087-6-12, Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a "a of land situated in the City of Allen, Collin County, Texas, and being in the Mary StaMifer Survey,
Abstract No. 812, and being all of that 15.008 acre tract of land as described in Volume 4917, Page 795, and all of
that 5.0 acre tract as described in Volume 59W, Page 1420, in the Deed Records of Collin County, Texas, and being
more partfcuarly described as follows;
BEGINNING at a K" iron rod found, being at the southwest comer of Lot 1, Block A. First Christian Church
Addition -Allen Twin Crab Exchange Parkway Campus as recorded in Volume 2010, Page 92 of the Plat Records
of Collin County, Texts, and being in the oarth rightof-way line of Exchange Parkway:
THENCE, North 89028'00" West, with the north line of said Exchange Parkway, for a distance of 731.39 feet to a
pohn, said point being in the west line of said 15.008 am tract and a point in a creek;
THENCE, North 14042'00" West, with said west line, for a distance of 94.92 fm to a point;
THENCE, North 61 °44100" West, continuing with said west line, for a distance of 89.00 feet to a point;
THENCE, North 76°03'00" West, continuing with mid west line, for a distance of 93.00 feet to a point;
THENCE, North 18°03'00" West continuing with mid west line, for a distance of 137.00 feet to a point;
THENCE, Nath 00°54'00" West continuing with said west line, for a distance of 158.60 feet to a point;
' THENCE, Nath 17°14'00" East continuing with mid west lift, for a distance of 223.00 feet to a point;
THENCE, Nath 11913'00" East continuing with mid west line, for a disancc of 92.00 feet to a Point;
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THENCE, North 05'32'00" East continuing with mid west line, for a disunce of 103.00 feet to a Point;
THENCE, Nath 05`04'00" East continuing with mid west line, for a distance of 199.00 feet to a Point;
THENCE, South 27°00'00" East continuing with mid west line, for a distance of 157.70 feet to a point, said Point
being the northwest corner of mid 15.008 acre tract also being in the south line of Cumberland Crossing Phase 1, an
addition to the City of Allen as recorded in Volume 2006. Pages 858 459 of the Plat Records of Collin County.
Texas;
THENCE, North 89'35'57" Fast with the north line of mid 15.008 acre tract and the south line of said Cumberland
Crossing Phase 1, for a distance of 644.24 feet to a K inch hon rod found at the northeast comer of mid 15.008 acre
tract
THENCE, South 08° 16'47" West with the east line of mid 15.008 acre tract for a distance of 708.16p fen to a K
inch iron rod found at the northwest comer of mid 5.0 acre tract;
THENCE. South 89°45'57" East with the north line of mid 5.0 acre tract, for a distance of 367.54 fen to a'A inch
iron rod found at the northeast comer of said 5.0 acre net, being the northwest comer of mid I.ot I Block A, Fuss
Christian Church Addition;
THENCE, South 00°04104' West with the east line of mid 5.0 acre net and the west line of mid Lot 1, Block A.
for a distance of 484.39 feet to the POINT OF BEGINNING and containing 19.237 acres of land.
Ordinance No. 3087-6-12, Page 4
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EXIMIT "B"
CONCEPTPLAN
Ordinance No. 3087-612, Page 5
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EXHIBTT "C^
Ordinance No. 3087-6-12, Page 6
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EXHIBIT `C"
BUILDING ELEVATIONS coot.
Ordinance No. 3087-612, Page 7