O-2657-9-07ORDINANCE NO. 2657-9-07
' 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 BY GRANTING AN AMENDMENT
TO "PD" PLANNED DEVELOPMENT NO. 96, ORDINANCE NO. 2559-09-06, AS
HERETOFORE AMENDED, TO EXPAND THE BOUNDARIES OF TRACT 1 BY 8.43
+ ACRES AND AMEND DEVELOPMENT REGULATIONS FOR LOT 37, AND
SUBAREAS 1, 2, AND 3, AND TO AMEND THE DEVELOPMENT REGULATIONS,
ATTACHED AS EXHIBIT "B," PROVIDING A CONCEPT PLAN, ATTACHED AS
EXHIBIT "C," PROVIDING A PARKING PLAN, ATTACHED AS EXHIBIT "D," AND
PROVIDING A SHARED -DRIVEWAY PLAN, ATTACHED AS EXHIBIT "E," FOR
BETHANY MEWS, SITUATED IN THE T.G. KENNEDY SURVEY, ABSTRACT NO.
1017; LOCATED SOUTH OF BETHANY DRIVE AND EAST OF ALMA DRIVE,
BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR 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, 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further amended as follows:
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, Texas, as amended, is hereby amended by granting an amendment to expand the boundaries
of Tract 1 by 8.43 f acres and amend Development Regulations for Lot 37, and subareas 1, 2, and 3 and to
amend the Development Regulations, attached as Exhibit "B," for `PD" Planned Development No. 96,
Ordinance No. 2559-09-06.
SECTION 2: The property shall be developed and used only in accordance with the Development
Regulations attached as Exhibit "B," the Concept Plan, attached hereto as Exhibit "C," the Parking Plan,
attached bereto as Exhibit "D," and the Shared -Driveway Plan, attached hereto as Exhibit "E," all of which
are hereby approved.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein.
SECTION 4. 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. Planned Development No. 96, Ordinance No. 2559-09-06, as heretofore amended, shall
continue in full force and effect, except as amended herein.
SECTION 6. 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 7. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 8. Any person, firm or corporation violating any of the provisions or terns of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code of the City of Allen, as
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 9. 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 11TH DAY OF SEPTEMBER, 2007.
APPROVED:
' Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
1
Peter G. Smith, C A OR EYE Shelley B. Geo RMC, CITY RE,
Ordinance No. 2657-9-07, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' BETHANY MEWS
25.23 ACRES
BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, and the T.G. Kennedy Survey,
Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being a part of that tract
of land described as Montgomery Southwest in deed to Emerson Farm Company, Ltd. as recorded in the
Deed Records of Collin County, Texas (D.R.C.C.T.), and being a part of that tract of land described as Tract 2
in deed to Emerson Farm Company, Ltd. as recorded in Volume 5105, Page 3414, D.R.C.C.T., and being a
part of that tract of land described as 98.266 Acre Tract in deed to Emerson Fane Company, Ltd. as recorded
in Volume 5034, Page 158, D.R.C.C.T., and being more particularly described as follows:
BEGINNING at a point on the southeasterly line of that tract of land described as Tract B in Alma Road
Right -of --Way Dedication Deed to the City of Allen, Texas as recorded in County Clerk's Document No. 03-
0110815, D.R.C.C.T., said point being the intersection of the southeasterly right-of-way line of Alma Drive
(variable width, 120 feet wide at this point) with the southerly right-of-way line of Bethany Drive (variable
width right-of-way) as recorded in Volume 5136, Page 4915, D.R.C.C.T.;
THENCE South 77 degrees 01 minute 03 seconds East, along said southerly right-of-way line, a distance of
29.28 feet to a point for comer;
THENCE South 34 degrees 03 minutes 33 seconds East, continuing along said south right-of-way line, a
distance of 102.16 feet to the point of curvature of a circular curve to the left having a radius of 2020.50 feet,
whose chord bears South 36 degrees 18 minutes 23 seconds East a distance of 158.45 feet;
' THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a
central angle of 04 degrees 29 minutes 40 seconds for an an; distance of 158.49 feet to the point of compound
curvature of a circular curve to the left having a radius of 600.00 feet, whose chord hears South 42 degrees 06
minutes 22 seconds East a distance of 74.36 feet;
THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a
central angle of 07 degrees 06 minutes 19 seconds for an arc distance of 74.41 feet to the point of reverse
curvature of a circular curve to the right having a radius of 600.00 feet, whose chord bears South 43 degrees
43 minutes 59 seconds East a distance of 40.33 feet;
THENCE Easterly, continuing along said south right-of-way line and along said curve to the right, through a
central angle of 03 degrees 51 minutes 07 seconds for an we distance of 40.34 feet to the point of reverse
curvature of a circular curve to the left having a radius of 2015.50 feet, whose chord bears South 56 degrees
58 minutes 36 seconds East a distance of 1054.84 feet;
THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a
central angle of 30 degrees 20 minutes 23 seconds for an are distance of 1067.27 feet to a point for corner;
THENCE departing said south right-of-way line and over and across the aforementioned Montgomery Farm
Company tract, the following courses and distances to points for corners:
South 13 degrees 32 minutes 45 seconds West a distance of 585.59 feet;
' South 43 degrees 02 minutes 28 seconds West a distance of 109.18 feet;
North 22 degrees 55 minutes 58 seconds West a distance of 88.27 feet;
Ordinance No. 2657-9-07, Page 3
South 87 degrees 41 minutes 13 seconds West a distance of 169.42 feet;
' North 14 degrees 51 minutes 03 seconds West a distance of 96.04 feet;
North 45 degrees 28 minutes 41 seconds West a distance of 117.50 feet;
North 29 degrees 23 minutes 45 seconds West a distance of 600.88 feet;
North 36 degrees 34 minutes 14 seconds West a distance of 78.04 feet;
South 87 degrees 06 minutes 47 seconds West a distance of 1,241.93 feet;
North 15 degrees 00 minutes 49 seconds West a distance of 213.26 feet;
North 27 degrees 13 minutes 09 seconds West a distance of 20.00 feet;
THENCE North 62 degrees 46 minutes 51 seconds East, along said southeasterly right of way line, a distance
of 755.05 feet;
THENCE North 62 degrees 47 minutes 02 seconds East, continuing along said southeasterly right-of-way
line, a distance of 64.15 feet to a point for comer;
THENCE North 62 degrees 46 minutes 51 seconds East, continuing along said southeasterly right-of-way
line, a distance of 276.91 feet to the point of curvature of a circular curve to the left having a radius of
1260.00 feet, whose chord bearsNorth 62 degrees 36 minutes 40 seconds East a distance of 7.46 feet;
' THENCE Northerly, continuing along said curve to the left, through a central angle of 00 degrees 20 minutes
21 seconds for an are distance of 7.46 feet to a point for comer;
1
THENCE North 61 degrees 24 minutes 49 seconds East a distance of 45.21 feet to the POINT OF
BEGINNING and CONTAINING 1,099,104 square feet or 25.23 acres of land, more or less.
Ordinance No. 2657-9-07, Page 4
I
1
:_Y O
DAVM D. NIX SURVEY
T.G. �E= SURVEY
ARSE. SOD
�or:.ss
N
SCALE V=300'
0 1. . 1. M
SCALE IN FEET
1) Basle of Beminas is Texas State Plane Caordinote
System,1983 (1993),North Central Zone 4202.1,aeed
u an GPS measurements from Trlan,ulatian Station
Poe'. Carvery a ale t 'Poe' Is 00 Omareee
52 abates 30.1 Seconds. Grid to surface conversion
Is 1.000152710.
2) This exhibit Is not part of a aimed and sealed s r
represent a survey performed on the around and Is n
my part 0f a recorded document.
E." SURVEY
ASST. 666
EXHIBIT A
OF AN
25.23 ACRE TRACT
LOCATED IN THE
T.G. KENNEDY SURVEY.ABST.NO.500.
DAVID H. NIX SURVEY, ASST. NO. 668,
AND
JAMES WILCOX SURVEY, ASST. NO. 1017
COLLIN COUNTY,TEXAS
CITY OF ALLEN
BY
HALFF ASSOCIATES. INC.
8616 NORTHWEST PLAZA DRIVE DALLAS.TE%AS 75225
SCALE: I'=300' AVO. 22537 JANUARY.2007
sy.Thle exhibit does not
0of Intended to be used as
Ordinance No. 2657-9-07, Page 5
)A!
2U3
T.G. �E= SURVEY
ARSE. SOD
�or:.ss
N
SCALE V=300'
0 1. . 1. M
SCALE IN FEET
1) Basle of Beminas is Texas State Plane Caordinote
System,1983 (1993),North Central Zone 4202.1,aeed
u an GPS measurements from Trlan,ulatian Station
Poe'. Carvery a ale t 'Poe' Is 00 Omareee
52 abates 30.1 Seconds. Grid to surface conversion
Is 1.000152710.
2) This exhibit Is not part of a aimed and sealed s r
represent a survey performed on the around and Is n
my part 0f a recorded document.
E." SURVEY
ASST. 666
EXHIBIT A
OF AN
25.23 ACRE TRACT
LOCATED IN THE
T.G. KENNEDY SURVEY.ABST.NO.500.
DAVID H. NIX SURVEY, ASST. NO. 668,
AND
JAMES WILCOX SURVEY, ASST. NO. 1017
COLLIN COUNTY,TEXAS
CITY OF ALLEN
BY
HALFF ASSOCIATES. INC.
8616 NORTHWEST PLAZA DRIVE DALLAS.TE%AS 75225
SCALE: I'=300' AVO. 22537 JANUARY.2007
sy.Thle exhibit does not
0of Intended to be used as
Ordinance No. 2657-9-07, Page 5
EXHIBIT `B"
DEVELOPMENT REGULATIONS
'GeneFOR BETHANY MEWS
I.
General Standards
A. Pumose: Bethany Mews is intended to provide a creative combination of residential uses in
three subareas and a community center providing office uses for nonprofit entities and
community uses. These subareas are: 1) the south side of Bethany Mews, consisting of R -7 -
sized lots; 2) the north and east sides of Bethany Mews, consisting of townhome-sized lots;
and 3) the Pecan Grove homes, containing smaller homes nestled within the existing pecan
tree grove.
B. Concept Plan: The property shall be developed in general accordance with the Concept Plan
attached as Exhibit "C," which shall be attached to and made a part of this Ordinance.
C. Right -of -Way and Streets:
L Classification: Streets will be private, designated as lots, and located within private
access easements ("Private Streets"). Such private access easements shall include
pedestrian walkways, landscape strips, utilities (public and private) and off-site
parking. The minimum width for Private Streets shall be sixty (60) feet except for
the Private Street adjacent to Lots 37 and Lots 43-50, which shall be fifty (50) feet.
2. Street Widths: The minimum street pavement width for Private Streets shall be
twenty-four (24) feet (face to face of curbs, if any) provided that: 1) average daily
' trip volume on the Private Street does not exceed 1,000 vehicles; 2) on -street parking
is prohibited; 3) off-site parking for homes is provided; and 4) the Private Street is
designated as Residential.
3. Street Edges: Curbs are not required on median islands. Modified curbs consisting
of stone and concrete or any other material approved by the City Engineer may be
allowed throughout the rest of the development.
4. Street Parking: Street parking shall be prohibited on Private Streets except as
otherwise shown on the Concept Plan. Prohibited parking areas shall be
appropriately indicated prior to the occupancy of any structure on the Property. Off-
street
ffstreet parking shall only be permitted in designated locations.
D. Setbacks: No encroachment of any kind is allowed into private street/utility easements.
Eaves, steps, architectural elements, and other similar features may encroach a maximum of
three (3) feet into building line setbacks as long as they do not cross lot lines.
E. Sidewalks: Pedestrian sidewalks with a minimum width of four (4) feet are required as
shown on the Concept Plan. Pedestrian paths or wandering walks shall be provided in other
public or open areas.
F. Driveways: Adjacent houses may combine access drives to serve two or more garages. The
minimum width of these shared driveways shall be sixteen (16) feet Shared driveways must
' generally conform to the shared driveway exhibit attached hereto as Exhibit "D." The
maneuvering space identified within the shared driveway shall be designated on the final plat
as common area. Parking shall be prohibited within this maneuvering space and such
restriction shall be enforceable by the Homeowners Association.
Ordinance No. 2657-9-071 Page 6
G. Parkine:
' L Off-site Ratio and Proximity: In addition to a minimum of four (4) parking on-site
spaces per lot, 1.5 spaces per lot shall be provided in general conformance with the
Parking Plan attached hereto as Exhibit "DY
2. On -Site Garmic : Side entry garages will be located a minimum of twenty-four (24)
feet from adjacent side lot lines or parking and access easements will be provided on
adjacent lots.
H. Construction:
Street and Sidewalk Materials & Finishes: Concrete with 209/6 fly ash and other
materials approved by the City Engineer may be used for street markings and
surfaces for Private Streets and sidewalks.
2. Curbs: Stone and other alternative curb materials, configurations, and installation
methods are permitted for Private Streets upon approval of the City Engineer.
3. Porches: All homes, exclusive of the homes within the Pecan Grove subarea, shall
have a porch within the front of the home.
I. Homeowners Association: The Homeowners Association created pursuant to the Allen Land
Development Code, or other private entity, shall maintain the Private Streets, common areas,
storm drainage systems, and common infrastructure except for public water, sewer and
' drainage utilities and franchise utilities.
C
H. Subareas
A. Subarea 1, Development Regulations for Residential Areas on the South Side of Bethany
Mews as shown on the Concept Plan:
Base Zoning District: For the areas designated as Residential on the Concept Plan,
the base zoning shall be I'M" Single -Family Residential District as amended and as
modified herein.
Permitted Uses:
• Dwelling, Single Family (Detached)
• Park or Playground
• Real Estate Sales Office (Temp.)
• Construction Office (Temp.)
• Home Occupation
Ordinance No. 2657-9-07, Page 7
1
1
1
3. Schedule of Height and Area Relations for "R-7" Single -Family Residential Areas:
Front yard setback
0 feet; a minimum of 20 feet must be
provided between a home's garage
door facing a street and the closer of
the edge of the sidewalk or the face of
curb at driveway entrance
Side yard setback
None*
Rear yard setback
10 feet
Maximum height of building
35 feet
Minimum lot area
5,000 sq. R
Minimum lot width
minimum of 3 lots
Minimum lot depth
55 feet for Lot 37; 100 feet for all other
areas
Minimum area per
2,000 sq. ft.
residential dwelling unit
Maximum lot coverage
85%
* Subject to the City's Building Code separation requirements
4. Consolidation of Lots: Any structure to be built on Lots 15-36 on the south side of
Bethany Mews must be constructed on at least three (3) contiguous lots. Prior to
construction, the contiguous lots upon which a structure is to be built must be
replatted into one (1) lot. Said replat shall be approved by the Director of Planning as
a minor plat within thirty (30) days of submittal of an application for mplatting.
Appeal of the decision of the Director of Planning on a mplat shall be in accordance
with the Allen Land Development Code.
B. Subarea 2� Development Regulations for the North and East Sides of Bethany Mews
Base Zoning District: For the areas designated as Residential on the Concept Plan,
the base zoning shall be "R-5" Single -Family Residential District as amended and as
modified herein.
2. Permitted Uses:
• Dwelling, Single Family (Detached)
• Park or Playground
• Home Occupation
• Construction Office (Temp.)
• Real Estate Sales Office (Temp.)
Ordinance No. 2657-9-07, Page 8
I
3. Schedule of Height and Area Regulations for "R-5" Townhome Residential Areas:
Front yard setback
0 feet; a minimum of 20 feet must be
provided between a home's garage door
facing a street and the closer of the edge
of sidewalk or the face of curb at
driveway entrance
Side yard setback
None*
Rem yard setback
0 feet*
Maximum height of building
35 feet
Minimum lot area
2,000 sq. ft.
Minimum lot width
55 feet
Minimum lot depth
1 100 feet
Minimum area per
residential dwelling unit
2,000 sq. ft.
Maximum lot coverage
1 95%
* Subject to the City's Building Code separation requirements
4. No lots shall have direct access to Bethany Drive.
C: Subarea 3: Development Regulations for the Pecan Grove Homes:
1. Base Zoning District: For the areas designated as Residential on the Concept Plan,
the base zoning shall be "R-7" Single -Family Residential District as amended and as
modified herein. Either individual lots or a single lot with condominium style
ownership may be permitted, limited to a maximum of eight (8) detached units.
' 2. Permitted Uses:
• Dwelling, Single Family (Detached)
• Dwelling, Condominium (Detached)
• Park or Playground
• Home Occupation
• Real Estate Sales Office (Temp.)
3. Schedule of Height and Area Regulations for Residential Areas:
Front Yard Setback
5 feet; a minimum of 20 feet most be
provided between a home's garage door
facing a facing a street and the closer of the
edge of sidewalk or the face of curb at
driveway entrance.
Side Yard Setback
None*
Rear Yard Setback
None*
Maximum height of building
35 feet
Minimum lot area
2,000 sq. ft.
Minimum lot width
I None
Minimum lot depth
None
Minimum area per
residential dwelling wit
2,000 sq. ft.
Maximum lot coverage
None
• Subject to the City's Building Code separation requirements
Ordinance No. 2657-9-07, Page 9
4. Concept Plan: The property shall be developed in general accordance with the
' Concept Plan attached as Exhibit "C."
5. Special Development Regulations for the Pecan Grove Homes:
a. Within the Pecan Grove subarea, homes must provide at least two (2) parking
spaces within a garage and one (I) additional space in the driveway.
b. At least 2.5 parking spaces per unit for guest parking shall be provided
within the Pecan Grove Home Subarea or within the Community Center
(Subarea 4).
C. There shall be no minimum masonry exterior requirement.
d. Sidewalks shall not be required for the Pecan Grove subarea.
D. Subarea 4: Development Regulations for Community Center Area:
Base Zoning District: For the areas designated as Community Center on the enclosed
Concept Plan, the base zoning shall be "CF" Community Facilities District as
amended and as modified herein.
L
Front yard setback
2. Permitted Uses:
Side yard setback
•
Office Use
0 feet'
•
Community Center (and other uses providing community services)
Minimum lot area
•
Fraternal Org., Lodge, Civic Clubs
'
•
•
Museum, Library, Art Gallery (Public or Private)
Park or Playground
Maximum lot coverage
•
Restaurant (no drive-in or through) as an Accessory Use
•
Retail Store as an Accessory Use
•
Theater (limited to no more than 200 seats)
•
Winery/vineyard
•
Agriculture Use
3. Schedule of Height and Area Regulations for Residential Areas:
L
Front yard setback
10 feet
Side yard setback
None'
Rear yard setback
0 feet'
Maximum height of building
35 feet
Minimum lot area
2,000 sq. R
Minimum lot width
25 feet
Minimum lot depth
100 feet
Maximum lot coverage
95%
• Subject to the City's Building Code separation requirements
Ordinance No. 2657-9-07, Page 10