O-2559-9-06ORDINANCE NO. 2559-09-06
' 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
AMENDING "PD" PLANNED DEVELOPMENT DISTRICT NO. 76, ORDINANCE NO.
1649-10-98, AND "PD" PLANNED DEVELOPMENT DISTRICT NO. %, ORDINANCE
NO. 2353-12-04, AS HERETOFORE AMENDED, TO REZONE 16.801 ACRES OUT OF
THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM PLANNED
DEVELOPMENT DISTRICT NO. 76 FOR "R-5" SINGLE-FAMILY RESIDENTIAL
DISTRICT AND "A -O" AGRICULTURE -OPEN SPACE DISTRICT TO PLANNED
DEVELOPMENT DISTRICT NO. 96 FOR "R-7" SINGLE-FAMILY RESIDENTIAL
DISTRICT, 'TH" TOWNHOME DISTRICT, AND "O" OFFICE DISTRICT;
PROVIDING FOR THE APPROVAL OF DEVELOPMENT REGULATIONS,
ATTACHED AS EXHIBIT "B" AND THE APPROVAL OF A CONCEPT PLAN,
ATTACHED AS EXHIBIT "C'; 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 heretofore amended, is hereby further amended by amending Planned Development No. 76, Ordinance
No. 1649-10-98, and Planned Development No. 96, Ordinance No. 2353-12-04 to rezone 16.80± acres of land out
of the David H. Nix Survey, Abstract No. 668, and being further described in Exhibit "A" attached hereto and
made a part hereof for all purposes, from Planned Development No. 76 for "R-5" Single -Family Residential
District and "A -O" Agriculture -Open Space District to Planned Development No. 96 for "R-7" Single -Family
Residential District, "TH" Townhome District, and "O" Office District as provided in the Development
Regulations for Bethany Mews attached hereto as Exhibit "B" and incorporated herein by reference, and as
depicted in the Concept Plan attached hereto and incorporated herein as Exhibit "C."
SECTION 2. The property shall be developed and used only in accordance with the Development
' Regulations for Planned Development No. 96, as previously amended, and as further amended for Bethany
Mews as set forth in Exhibit "B" attached hereto and incorporated herein, and in accordance with the Concept
Plan attached hereto and incorporated herein as Exhibit "C."
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
69070
1
1
1
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. 76, Ordinance No. 1649-10-98, and Planned Development No. 96,
Ordinance No. 2353-12-04 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 Iand 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 terms of this ordinance shall
be subject to the same penalty as provided for in Allen land Development Code 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, 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 12TH DAY OF SEPTEMBER, 2006.
APPROVED AS TO FORM:
(24&
Peter G. Smith, CrtY ATTORNEY
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
a o �,}�-M v
Shelley B. Georg"ITY SECRET
Ordinance No. 2559-09-06, Page 2
EXHIBIT "A^
LEGAL DESCRIPTION
BETHANY MEWS
BEING a tract of land situated in the David IL 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, I.td. as recorded in the Deed Records of Collin County, Texas (D.R.C.C.T.), and
being a part of that had of land described as Tract 2 in deed to Emerson Farm Company, Ltd. w
recorded in Volume 5105, Page 3414, DRC.C.T., 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, 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 it
Alma Road Right -of -Way Dedication Deed to the City of Allen, Texas as recorded in Count)
Cledes Document No. 03-0110815, DR.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, DRC.C.T.;
THENCE South 77 degrees 01 minute 03 seconds East, along said southerly right-of-way line, e
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 s
radius of 2020.50 feet, whose chord bears South 36 degrees 18 minutes 23 seconds East s
distance of 158.45 feet;
THENCE Easterly, continuing along said south rightof-way line and along said curve to the left.
through a central angle of 04 degrees 29 minutes 40 seconds for an arc distance of 158.49 feet tc
the point of compound curvature of a circular curve to the left having a radius of 600.00 feet,
whose chord bears 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 are 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 degree& 51 minutes 07 seconds for an arc distance of 40.34
fent 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 arc distance of 1067.27 feel
to a point for comer;
428583ov.1 W50,90019
Ordinance No. 2559-09-06, Page 3
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 comers:
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 fat;
North 22 degrees 55 minutes 58 seconds West a distance of 88.27 feet;
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 fed;
North 29 degrees 23 minutes 45 seconds West a distance of 600.88 fed;
North 36 degrees 34 minutes 14 seconds West a distance of 78.04 fed;
South 89 degrees 31 minutes 48 seconds East a distance of 16.60 feet;
North 71 degrees 29 minutes 25 seconds East a distance of 2294 fact;
' North 16 degrees 31 minutes 04 seconds East a distance of 9.85 feet;
North 73 degrees 27 minutes 07 seconds West a distance of 77.47 feet;
North 46 degrees 55 minutes 01 second East a distance of 19.18 fed;
North 33 degrees 41 minutes 02 seconds West a distance of 9.65 feet;
South 70 degrees 37 minutes 25 seconds West a distance of 48.51 feet;
North 21 degrees 51 minutes 33 seconds West a distance of 43.39 feet
North 81 degrees 19 minutes 56 seconds West a distance of 123.25 feet;
THENCE North 77 degrees 42 minutes 38 seconds West, a distance of 232.42 fed to the point of
curvature of a circular curve to the right having a radius of 55.00 feet, whose chord bears North
32 degrees 23 minutes 30 seconds West a distance of 78.20 feet
THENCE Northerly, continuing along said curve to the right, through a central angle of 90
degrees 37 minutes 18 seconds for an are distance of 86.99 feet to the point of reverse curvature
of a circular curve to the left having a radius of 20.00 fed, whose chord bears North 14 degrees
41 minutes 31 seconds West a distance of 18.54 feet;
4285930v.1 123562MM I9
Ordinance No. 2559-09-06, Page 4
THENCE Northerly, continuing along said curve to the left, through a central angle of 55
' degrees 13 minutes 20 seconds for an arc distance of 19.28 feet to apoint for comer,
THENCE North 42 degrees 17 minutes 52 seconds West, continuing a distance of 71.32 feet to
the point of curvature of a circular curve to the right having a radius of 184.08 feet, whose chon
bears North 29 degrees 28 minutes 01 second West a distance of 94.74 feet;
THENCE Northerly, continuing along said curve to the right, through a central angle of 29
degrees 49 minutes 23 seconds for an arc distance of 95.82 feet to the point of compound
curvature of a circular curve to the right having a radius of 325.84 feet, whose chord bears Norf.
08 degrees 57 minutes 28 seconds West a distance of 63.56 feet;
THENCE Northerly, continuing along said curve to the right, through a central angle of I1
degrees 1 I minutes 42 seconds for an arc distance of 63.67 feet to the point of reverse curvature
of a circular curve to the left having a radius of 135.66 feet, whose chord bears North 15 degree
23 minutes 52 seconds West a distance of 56.59 feet;
THENCE Northerly, continuing along said curve to the left, through a central angle of 24
degrees 04 minutes 33 seconds for an arc distance of 57.00 feet to a point for cooter,
THENCE North 27 degrees 26 minutes 08 seconds West a distance of 10.56 feet to a point for
comer;
' THENCE North 72 degrees 19 minutes 39 seconds West a distance of 28.34 feet to a point for
corner on said southeasterly right-of-way line of Alma Drive;
THENCE North 62 degrees 47 minutes 02 seconds East, 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 lef
having a radius of 1260.00 feel, whose chord bears North 62 degrees 36 minutes 40 seconds Ear
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 arc distance of 7.46 feet to a point for comer;
THENCE North 61 degrees 24 minutes 49 seconds East a distance of 45.21 feet to the POINT
OF BEGINNING and CONTAINING 731,992 square feet or 16.80 acres of land, more or less.
4285830v.1 123562100019
Ordinance No. 2559-09-06, Page 5
EDIT "B"
DEVELOPMENT REGULATIONS
' FOR BETHANY MEWS
A. Purpose: 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.
The south side of Bethany Mews shall consist of R -7 -sized lots; the north and east sides of Bethany
Mews shall consist of townhome-sized lots; and the Pecan Grove homes shall contain smaller homes
nestled within the exiting pecan tree grove.
B. Concept Plan: The property shall be developed in general accordance with the Concept Plan which
shall be attached to and made a part of this ordinance.
C. Development Standards for Residential Areas on the North Side of Bethany Mews:
Base Zoning District: For the areas designated as residential on the Concept Plan, the base
zoning shall be "R -T' Single -Family Residential District as amended and as modified herein.
2. Uses: Except as otherwise permitted herein, the only uses permitted on the Property on the
north side of Bethany Mews shall be the following uses:
a. Dwelling, Single Family (Detached)
b. Park or Playground
C. Real Estate Sales Office (T)
' d. Construction Office (T)
e. Home Occupation
I
3. Schedule of Height and Area Regulations for "R -T' Single -Family Residential Areas
Front Yard Setback
10 feetta minimum of 22.5 feet must
be provided between the garage door
of a home and the adjacent right-of-
way
Side Yard Setback
None
Rear Yard Setback
to feet
Maximum height of building
35 feet
Minimum lot area
5,000 sq. ft.
Minimum lot width
45 feet
Minimum lot depth
100 feet
Minimum area per
residential dwelling unit
2,000 sq. ft.
Maximum lot coverage
85%
4. Consolidation of lots. Any structure to be built within the property on the south side of
Bethany Mews must be constructed on at least two contiguous lots and shall not be required
to replat to build across lot lines where such contiguous lots are under single ownership.
Ordinance No. 2559-09-06, Page 6
D. Development Standards for Residential Areas on the North and East Sides of Bethany Mews
1. Base Zonine District: For the areas designated as residential on the Concept Plan, the base
zoning shall be "TH" Townhome Residential District as amended and as modified herein.
2. Uses: Except as otherwise permitted herein, the only uses permitted on the property on the
north and east sides of Bethany Mews shall be the following uses:
a. Dwelling, Single Family (Attached)
b. Dwelling, Single Family (Detached)
C. Dwelling, Two Family
d. Bed and Breakfast
e. Park or Playground
f Home Occupation
g. Construction Office (T)
h. Real Estate Sales Office (T)
Schedule of Height and Area Regulations for "TH" Townhome Residential Areas:
Front Yard Setback
10 fcet/a minimum of 22.5 feet must
be provided between the garage door
of a home and the adjacent right-of-
way
Side Yard Setback
None
Rear Yard Setback
10 feet
Maximum height of building
35 feet
Minimum lot area
2,000 sq. ft.
Minimum lot width
25 feet
Minimum lot depth
100 feet
Minimum area per
residential dwelling unit
2,000 sq. ft.
Maximum lot covem a
95%
Single family lots shall not have direct access to Bethany Drive.
E. Development Standards for the Pecan Grove Homes:
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 35 detached units.
Uses: Except as otherwise permitted herein, the only uses permitted in the Pecan Grove Area
shall be the following uses:
a. Dwelling, Single Family (Detached)
b.
Dwelling, Condominium
C.
Park or Playground
d.
Offices Contained Within a House
e.
Home Occupation
'
f
Bed and Breakfast
g.
Real Estate Sales Office (T)
Ordinance No. 2559-09-06, Page 7
I
3. Schedule of Height and Area Regulations for Residential Areas:
Front Yard Setback
10 feet/a minimum of 22.5 feet most
be provided between the garage door
of a home and the adjacent right-of-
wa
Side Yard Setback
None
Rear Yard Setback
None
Maximum height of building
35 feet
Minimum lot area
2,000 sq. f .
Minimum lot width
None
Minimum or de [h
None
Minimum area per
residential dwelling mit
2,000 sq. ft.
Maximum lot coverage
None
4. Concept Plan: The property shall be developed in general accordance with the Concept Plan
Ordinance No. 2559-09-06, Page 8
which shall be attached to and made a part of this ordinance.
5.
Special development standards for the Pecan Grove Homes:
a. Provisions for guest parking will be provided at time of platting.
b. Within the Pecan Grove subarea, homes must provide at least one parkingspace
within a garage and one additional space in the driveway.
c. There shall be no minimum masonry exterior requirement.
'
d. All homes, exclusive of the homes within the Pecan Grove subarea, shall have a
usable porch within the front of the home.
e. Sidewalks shall not be required for the Pecan Grove subarea.
f. If the internal drive is private, than a turnaround must be provided at the entrance for
cars denied access.
g. The City Engineer shall be given the authority to approve alternative paving
materials for the internal drive provided such drive is private and maintenance
provided by the HOA.
F. Development
Standards for Community Center Area:
1.
Base Zoning District: For the areas designated as residential on the Concept Plan, the base
inning shall be "O" Office District as amended and as modified herein.
2.
Uses: Except as otherwise permitted herein, the only uses permitted in the Community
Center Area shall be the following uses:
a. Office Use
b. Community Center
C. Fraternal Org., Lodge, Civic Clubs
d. Museum, Library, Art Gallery (Public or Private)
e. Park or Playground
f. Restaurant (No drive-in or through) as an Accessory Use
'
g. Retail Store as an Accessory Use
Ordinance No. 2559-09-06, Page 8
h. Theater
L Winery
j. Agriculture Use
Community center uses and other uses providing community services are permitted.
3. Schedule of Height and Area Regulations for Residential Areas:
Front Yard Setback
10 feet/a minimum of 22.5 feet must
be provided between the garage door
of a home and the adjacent rightof-
wa
Side Yard Setback
None
Rear Yard Setback
10 feet
Maximum height of building
35 feet
Minimum lot area
2,000 sq. ft.
Minimum lot width
25 feet
Minimum lot depth
100 feet
Maximum lot covers
95%
G. Thorou hg fare: All public internal rights-of-way shall be a minimum of 45 feet with a 104,not
pedestrian utility/access easement located adjacent to each street. The drive in the Pecan Grove
subarea may be a private drive and shall have a minimum paving width of twenty-four (24) feet. If it
is developed as a public street, minimum paving width shall be 31 feet with a 10 -foot pedestrian
utility/access easement adjacent to the street.
Ordinance No. 2559-09-06, Page 9
CONCEPTPLAN
EXHIBIT"C"
' This exhibit is available for view in the City Secretary's Office.
I
Ordinance No. 2559-09-06, Page 10
ai
i
a
'1111
w
IIIIj�II
z
i
I
o
r I
3
d
sJ[r Xt
6
�
�.........