O-2663-9-07ORDINANCE NO. 2663-9-07
' 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. 2353-12-04, AS
HERETOFORE AMENDED, TO AMEND THE DEVELOPMENT STANDARDS,
ATTACHED AS EXHIBIT "B," PROVIDING A CONCEPT PLAN, ATTACHED AS
EXHIBIT "C," AND PROVIDING A PARKING PLAN, ATTACHED AS EXHIBIT "D,"
FOR "R-5" SINGLE-FAMILY RESIDENTIAL DISTRICT, "TH" TOWNHOME
RESIDENTIAL DISTRICT, AND "LR" LOCAL RETAIL DISTRICT FOR
CONNEMARA CROSSING, BEING 18.59± ACRES SITUATED IN THE DAVID H.
NIX SURVEY, ABSTRACT NO. 543; LOCATED NORTHEAST OF BETHANY DRIVE
AND 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 the Development Regulations
attached as Exhibit "B," which is hereby approved, for "PD" Planned Development No. 96, Ordinance No.
2353-12-04 for Connemara Crossing, being 18.59+ acres situated in the David H. Nix Survey, Abstract No. 543;
located northeast of Bethany Drive and Alma Drive, being further described in Exhibit "A," attached hereto.
SECTION2. 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," and the Parking Plan
attached hereto as Exhibit "D," 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. 2353-12-04, 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.
SECTIONS. 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 the Allen Land Development Code of the City of Allen, as
amended, and upon conviction shall be punisbed by a fire 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.
SECTTON9. 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 31M CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TATS THE 1 DAY OF SEPTEMBER, 2007.
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UPr- APPROVED:
APPROVED AS TO FORM:
Peter G. Smith, CTMATTORNEY
Steph Terre 1, MAYOR
ATTEST:
Shelley B. Geok4' TRMC, CSECRETARY
Ordinance No. 2663-9-07, Page 2
EXFlIBTT "A"
LEGAL DESCRIPTION
CONNEMARA CROSSING
18.59 ACRES
BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, and the Michael See Survey,
Abstract No. 543, and being located in the City of Allen, Collin County, Texas, and being a part of that tract
of land described as 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034,
Page 158 of 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 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 northerly right-of-way line of Bethany Drive (variable
width right-of-way) as recorded in Volume 5136, Page 4915, D.R.C.C.T, said point also being the beginning
of a circular curve to the left having a radius of 1260.00 feet, whose chord bears North 39 degrees 35 minutes
42 seconds East a distance of 545.57 feet;
THENCE Northerly, continuing along said southeasterly right-of-way line and along said curve to the left,
through a central angle of 25 degrees 00 minutes 23 seconds for an arc distance of 549.92 feet to a point for
comer;
THENCE North 27 degrees 05 minutes 31 seconds East, continuing along said southeasterly right-of-way
' line, a distance of 549.80 feet to the a point for comer;
THENCE departing said southeasterly right-of-way line and over and across the aforementioned 98.266 Acre
tract, the following courses and distances to points for comers:
North 89 degrees 37 minutes I1 seconds East a distance of 89.38 feet;
South 00 degrees 05 minutes 08 seconds West a distance of 361.68 feet;
South 00 degrees 13 minutes 08 seconds West a distance of 432.60 feet;
South 00 degrees 34 minutes 47 seconds West a distance of 347.15 feet;
South 88 degrees 46 minutes 23 seconds East a distance of 310.60 feet;
South 88 degrees 40 minutes 50 seconds East a distance of 383.76 feet;
South 89 degrees 19 minutes 08 seconds East a distance of 103.41 feet;
South 44 degrees 42 minutes 57 seconds West a distance of 517.31 feet;
THENCE South 62 degrees 16 minutes 52 seconds West, a distance of 308.65 feet to a point on said northerly
right-of-way line, said point also being on a non -tangent circular curve to the right having a radius of 816.50
feet, whose chord bears North 49 degrees 53 minutes 45 seconds West a distance of 144.66 feet;
' THENCE Northerly, continuing along said northerly right-of-way line and along said curve to the right,
Ordinance No. 2663-9-07, Page 3
through a central angle of 10 degrees 09 minutes 51 seconds for an arc distance of 144.85 feet to a point for
comer;
' THENCE North 44 degrees 48 minutes 49 seconds West, continuing along said northerly right-of-way line, a
distance of 128.51 feet to the point of curvature of a circular curve to the left having a radius of 1133.50 feet,
whose chord bears North 52 degrees 16 minutes 57 seconds West a distance of 294.68 feet;
THENCE Northerly, continuing along said northerly right-of-way line and said curve to the left, through a
central angle of 14 degrees 56 minutes 15 seconds for an arc distance of 295.51 feet to a point for comer;
THENCE North 59 degrees 45 minutes 04 seconds West, continuing along said northerly right-of-way line, a
distance of 107.29 feet to the point of curvature of a circular curve to the right having a radius of 966.50 feet,
whose chord bears North 57 degrees 32 minutes 48 seconds West a distance of 74.36 feet;
THENCE Northerly, continuing along said northerly right-of-way line and said curve to the right, through a
central angle of 04 degrees 24 minutes 33 seconds for an arc distance of 74.38 feet to the point of compound
curvature of a circular curve to the right having a radius of 600.00 feet, whose chord bears North 49 degrees
55 minutes 53 seconds West a distance of 113.15 feet;
THENCE Northerly, continuing along said northerly right-of-way line and said curve to the right, through a
central angle of 10 degrees 49 minutes 16 seconds for an arc distance of 113.32 feet to the point of curvature
of a non -tangent curve to the right having a radius of 600.00 feet, whose chord bears North 45 degrees 46
minutes 58 seconds West a distance of 26.45 feet;
THENCE Northerly, continuing along said northerly right-of-way line and said curve to the right, through a
' central angle of 02 degrees 31 minutes 33 seconds for an we distance of 26.45 feet to the point of compound
curvature of a circular curve to the right having a radius of 961.50 feet, whose chord bears North 40 degrees
33 minutes 10 seconds West a distance of 217.48 feet;
THENCE Northerly, continuing along said northerly right-of-way line and said curve to the right, through a
central angle of 12 degrees 59 minutes 14 seconds for an are distance of 217.94 feet to a point for comer;
THENCE North 34 degrees 03 minutes 33 seconds West, continuing along said northerly right-of-way line, a
distance of 18.10 feet to a point for corner;
THENCE North 09 degrees 11 minutes 53 seconds East, a distance of 29.12 feet to the POINT OF
BEGINNING and CONTAINING 809,656 square feet or 18.59 acres of land, more or less.
Ordinance No. 2663-9-07, Page 4
I
Ordiamce No. 2663-9-071 Page 5
A, v,
DAVID H. NIX SURVEY L
ASST. 668
w8,2—
MICHAEL SEE SURVEY
RBST. 543
POINT OF. asv g,qR -
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EXHIBIT A
OF AN
1859 ACRE TRACT
LOCATED IN THE
MICHAEL SEE SURVEY. ASST. NO. 543,
SCALE 11300'
AND
o no 5w 4w wo 100
DAVN H. NIX SURVEY, ASST. NO. 668
SCALE IN FEET
COLLN COUdTY.TEXAS
NOTES
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Ordiamce No. 2663-9-071 Page 5
EXHIBIT "B"
PLANNED DEVELOPMENT DISTRICT REGULATIONS
LFOR THE CONNEMARA CROSSING TRACT
I. General Standards
A. Pumose: Connemara Crossing is intended to provide a distinctive residential community
consisting of creative townhomes and detached single family homes surrounding a
neighborhood retail center. The proposed zoning shall permit the flexibility of vertical mixed
uses at the comer of Bethany Drive and Alma Drive at locations where the topography
permits retail on the first floor at the same grade as other retail in the center and townhomes
on the second floor at the same grade as other townhomes.
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:
1. 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.
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
provided 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 parking shall only be permitted in designated locations.
D. Setbacks: Except as otherwise provided herein, no encroachment of any kind is allowed into
the Private Street Eaves, steps, architectural elements, and other similar features may
encroach a maximum of three (3) feet into the Private Street, provided such encroachment is
twenty (20) feet above grade. 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 will be provided on
both sides of all streets.
Ordinance No. 2663-9-07, Page 6
F. Parkin :
I1. Off-site proximity: Required parking shall be provided in general conformance with
the Parking Plan attached hereto as Exhibit "D."
G. Construction:
Street and Sidewalk Materials & Finishes: Concrete with 20% 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.
H. Homeowners Association: The Homeowners Association created pursuant to the Allen Land
Development Code, or other private entity, shall maintain the Private Streets, storm drainage
systems, common areas, and common infrastructure except for public water, sewer and
drainage utilities and franchise utilities.
1. Fencing: An eight (8) foot barrier fence will be constructed on the east side of Subdistrict B
and the north side of Subdistrict A while maintaining the existing tree line, as approved by
the Planning and Zoning Commission at the time of plat approval.
II. Subdistrict A— "R-5^ Simile -Family Residential District
' Development Regulations for Subdistrict A, Single-family Residential Area.
A. Base Zonina District: For Subdistrict A as defined on the Concept Plan, the base
zoning shall be "R-5" Single -Family Residential District, as amended and as
modified herein.
B. Uses: Except as otherwise permitted herein, the only uses permitted in Subdistrict A
shall be the following uses:
Dwelling, Single Family (Detached)
Park or Playground
Private Streets
Real Estate Sales Office (Temp.)
Construction Office (Temp.)
Ordinance No. 2663-9-07, Page 7
C. Schedule of Height and Area Regulations for Subdistrict A:
Front yard setback
0 feet from the Private Streetla minimum of 20 feet
must be provided between the street -facing garage
door of a home and the closer of the edge of the
sidewalk or face of cub at driveway entrance.
Side yard setback
None
Rear yard setback
10 feet
Maximum height of building
35 feet
Minimum lot area
5,000 sq. ft.
Minimum lot width
50 feet
Minimum lot depth
90 feet
Minimum area per
residential dwelling unit
2,500 sq. ft.
Maximum lot covenaa
85%
Maximum Boor area ratio
NA
-Subject to the City's Building Code separation requirement
III. Subdistrict B — "TH" Townhome Residential District
Development Standards for Subdistrict B, Townhome Residential Area.
A. Base Zoning District: For Subdistrict B w defined on the Concept Plan, the base
zoning shall be "TIT' Townhome Residential District, as amended and as modified
herein.
' B. Uses:
Except as otherwise permitted herein, the only uses permitted in Subdistrict B shall
be the following uses:
Dwelling, Single Family (Attached)
Park or Playground
Private Streets
Real Estate Sales Office (Temp.)
Construction Office (Temp.)
2. Uses permitted in both Subdistrict A and Subdistrict B shall be permitted in the
central area of the site as set forth on the Concept Plan. This is intended to allow for
a maximum of 10 townhomes to be built above retail uses.
Ordinance No. 2663A-07, Page 8
C. Schedule of Height and Area Regulations for Subdistrict B:
Front yard setback
0 feet from the Private Street; 5.5 feet for garage doors
Side yand setback
None*
Rear yard setback
10 feet (No rear yard setback required for residential
uses above retail uses
Maximum height of building
35 feet 55 feet for mixed use buildings provided the
tallest point of the mixed use structure does not
exceed the tallest point of any of the existing
residential units in the Watters Crossing Subdivision
contiguous to the east of Connemara Crossing
Minimum lot area
2,200 sq. ft.
Minimum lot width
25 feet
Minimum lot delyth
90 feet
Minimum area per
residential dwellin unit
2,000 sq. ft.
Maximum lot coverage
75%
Maximum floor area ratio
None
`Subject to the City's Building Code separation requirement
D. Supplemental Use Re lations:
1. Definition: For purposes of this Planned Development District the term "townhome"
means a single-family residence joined to another dwelling on one or
more sides by a party wall with two (2) or more wits with each unit located on an
' individual lot.
2. No more than ten (10) dwelling wits shall be attached in one continuous row or
group.
3. No dwelling unit shall be constructed above another dwelling unit. As shown on the
Concept Plan, residential wits may be constructed above first floor retail spaces in
the location depicted on the Concept Plan.
4. There shall be a side yard on each side of a contiguous row or group of dwellings of
not less than six (6) feet.
S. Building elevations shall be submitted to the City Council for review and approval prior
to the issuance of the first building permits for any Townhome.
IV. Subdistrict C — "LR" Local Retail District
Development Regulations for Subdistrict C, Retail Area.
A. Base Zoning District: For Subdistrict C as defined on the Concept Plan, the base
zoning shall be "LR" Local Retail District as amended and as modified herein.
B. Uses:
The only uses permitted in Subdistrict C shall be the following uses:
Antique Shop
Ordinance No. 266}9-07, Page 9
Bakery or Confectionary
Banks and Financial Institutions
Beer & Wine Package Sales
Bicycle Shop/Repair Service
Book, Card or Novelty Shops
Clinic, Medical
Concrete Batch Plant (Temp.)
Construction Office (Temp.)
Convenience Store
Day Care Facility
Drug Store or Pharmacy, not to exceed 2,000 sq. ft.
Fabrics or Needlework Shop
Florist
Hardware Store, not to exceed 2,000 sq. ft.
Laundry/Dry Cleaning, Pick Up Only
Museum, Library, Art Gallery (Public or Private)
Nursery, Retail Plant
Office Use
Park or Playground
Real Estate Sales Office (Temp.)
Restaurant (No drive-in or through)
Retail Store
Veterinary Clinic
C. Schedule of Height and Area Regulations for Subdistrict C:
' 1. Retail and mixed use structures shall comply with the following Height and
Area Regulations:
Front yard setback
10 feet*
Side yard setback
None*
Rear yard setback
None*
Maximum height of building
35 feet/55 feet if residential on second
floor provided the tallest point of the
mixed use structure does not exceed the
tallest point of any of the existing
residential units in the Watters
Crossing Subdivision contiguous to the
eastern boundary of Connemara
Crossing
Minimum lot area
None
Minimum lot width
None
Minimum lot depth
None
Maximum lot coverage
85%
Maximum floor area ratio
0.30:1
*Subject to the City's Building Code separation requirement
I2. Structures with residential uses only shall comply with the Height and Area
Regulations set forth for Subdistrict B in Section D above.
Ordinance No. 2663-9-07, Page 10