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O-1647-10-98ORDINANCE NO. 1647-10-98 AN ORDINANCE OF THE CITY OF ALLEN COIL IN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY APPROVING FLOOD PLAIN -PLANNED DEVELOPMENT' NO. 74 (FP -PD NO. 74) ON THE FOLLOWING -DESCRIBED TRACT OF IAND: 119.98 ACRES OF LAND LOCATED IN THE T. G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PIAN, EXHBr1" 'B" AREA AND USE REGULATIONS, AND EXHIBIT "C LEGAL DESCRIPTION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.OD) FOR EACH OFFENSE; PROVIDING FOR A SEVERABIILTY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be revised; ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended be and the same is hereby revised by approving Flood Plain -Planned Development No. 74 (FP -PD No. 74) on the following -described tract of land: 119.98 acres of land located in the T. G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas. SECTION 2: The approved Land Use Plan for Tracts One and Two and the Area and Use Regulations for Tract One, attached hereto as Exhibits "A" and "B," respectively, are made apart hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The Legal Description attached hereto as Exhibit "C" is made a part hereof for all purposes and shall be used in the manner and for the purposes provided for as approved 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended and upon conviction shall be punished by a fine not to exceed the sum of IWo Thousand Dollars ($2,000.00) for each offense. SEC1ION6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. �I SEC]TON 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 COUNaLOF THE CrrY OF ALLEN, TEXAS, ONTHE 15TBDAYOF OCTOBER 1199& Ste en Terrell, MAYOR ATTEST: Ordinance No. 1697-10-98 Paget .. A-0 'Lal -- i ORDINANCE NAND U97�—PN-98 EXHIBIT 2 \\� PROPOSE ` 25.5= PgOPOS�D R-.521-: 31.3± AC ((OSS \� ' A-0 \\ \` NTG FAMILY' NET m. cc LI n LI q «• « ��c,:=r j RECEIVED Q% JUN 09 1998 n 1 yy "_" CITY ALLEN COMMUNITY DEVEL LI n '� ZONING o = PROPOSAL EXHIBIT A CHASEOAKS ANS GOLF Coume FOR MONTGOMERY FAMILY '�`-rn Cr TRUST �s Alhn. ..... '""' / /� © i I«gRE e.eNehf.nl XNOw Mrt T Zoning �� EA.., E•hN P:opw.0 3aM'y •-0 R8 I YICATION MAP I y - Y�� •'O vr.anu PLAN DEVELOPMENT REGULATIONS MONTGOMERY FAMILY TRUST October 2, 1998 TRACT 1 USE AND AREA REGULATIONS Development Regulations — Development in this tract shall take place after or concurrently with the construction of the proposed 4 lane, divided collector street from Bethany to US 75 as shown on Exhibit A. Development shall take place in accordance with Section 3.01 (F) "R — S" Single Family Residential District Regulations, of the City of Allen Comprehensive Zoning Ordinance. TRACT 2 USE AND AREA ' REGULATIONS Develooment Regulations — Development in this tract shall take place after or concurrently with the construction of the proposed 4 lane, divided collector street from Bethany to US 75 as shown on Exhibit A. Development shall take place in accordance with Section 3.01 (N) "GO" Garden Office District, of the City of Allen Comprehensive Zoning Ordinance except as follows: 4. Area Regulations: A. The maximum height of any building shall be three standard stories, but shall not exceed 45 feet in height. In no event, however, shall any building exceed two standard stories when located within 100 feet of residentially zoned property as well as when located within 100 feet of the northern boundary of Tract 2. B. No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting residential districts and the northernmost boundary of Tract 2. ORDINANCE NO. 1647-10-98 ' EXHIBIT'B", AREA 8 USE REQS. 1 Ufy DrcummulCowrcll Rrvuims.dx /NOIroB TRACT3 USE AND AREA REGULATIONS Development Regulations — Development in this tract shall take place after or concurrently with the construction of the proposed 4 lane, divided collector street from Bethany to US 75 as shown on Exhibit A. Development shall take place in accordance with Section 3.01 (0) "O" Office District Regulations of the City of Allen Comprehensive Zoning Ordinance except as follows: Use Regulations: A. Any use listed as permissible in a "GO" Garden office District. B. Any use as allowed under the Schedule of Uses section of this Ordinance for the "O" District except" 1. Delete "Theater'; and ' 2. Change "Retail Stores" (Indoor) from X (allowed) to A (Accessory) designation. i C. Such uses as may be permitted under provisions of Section 2.06, Specific Use Permits. 11 2. Height Regulations — The maximum height for any building within one hundred and fifty (150) feet of any residentially zoned property shall be one (1) standard story. In the event a building is adjacent to and is set back more than one hundred and fifty (150) feet from said residentially zoned property, that building may be thirty five (35) feet in height at the one hundred fifty (150) foot setback line and may increase one (1) foot in height for each, additional two (2) feet the building or any portion thereof, is further set back. The maximum height for all office buildings shall be five (5) standard stories plus mechanical penthouses and the maximum height for other building types shall be the equivalent of five (5) standard stories plus mechanical penthouse. Likewise, except as noted above, any building or portion thereof may exceed thirty five (35) feet in height by one (1) foot for each additional two (2) feet of setback. G Kry pwvmsruxlCovrcil Reviriwv. dx l¢ro>98 ' 3. Area Regulations: B. Size of Yards: Front Yards: a. There shall be a minimum front yard having a depth of not less than one hundred (100) feet adjacent to any street with a right-of- way of one hundred (100) feet or more. b. There shall be a minimum front yard having a depth of not less than twenty-five (25) feet adjacent to any street with a right-of-way less than one hundred (100) feet provided that any building or portion of a building greater than 30 feet in height must be set back from the property line two (2) feet for each one (1) foot above such limit. Lots having double frontage shall provide the required setback from both streets. ' 2. Side Yards: a. There shall be a minimum side yard for each side of the lot or tract on which any single building or building complex is constructed of ten (10) feet provided that any building or portion of a building greater than thirty (30) feet in height must be set back from any side street, alley, or "R" district two (2) feet for each one (1) foot above such limit. b. On corner lots the required front yard setback shall be provided on both streets. 3. Rear Yards — no rear yard is required, except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an "R" district. C. Pedestrian Easement A pedestrian access and landscape buffer easement shall be provided within Tract 3 abutting Tract 1. This easement shall provide access via a meandering sidewalk from the proposed extension of Belair to the flood plain/open space area southwest of both tracts. The width of this easement shall average 20' for its length with a minimum width of 10'. Landscaping shall be provided which can be included as required landscaping for any lot within Tract 3 that the easement crosses. CaNOarwxrK'wrN ReWbv.dx /0.998 ID. Lot Coverage and Floor Area Ratio. t 11 Lot Coverage — in no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 2. Floor Area Ration — the ratio of total floor area of all buildings to total land area shall be a maximum of 0.50:1. C: LNy DxvxrewlCawrP PnUrov.Grc 16D19B Tract 1 Being a tract situated in the T.G. Kennedy Survey, Abstract No. 500, Collin County, Texas and being all of a called 111.43 acre tract of land conveyed to Marion M. Montgomery by distribution deed recorded in Volume 2430, Page 518, Deed Records, Collin County, Texas and being all of a called 0.79 acre tract of land conveyed to William Slack Montgomery by deed recorded in Volume 630, Page 635, Deed Records, Collin County, Texas and all of a called 20.20 acre tract of land conveyed to Charles A. Forbes by deed recorded in Volume 1345, Page 366, Deed Records, Collin County, Texas and being particularly described as follows: Beginning at a 5/8 inch iron rod found in the center of Old Bethany Road and being the northwest comer of said 111.43 acre tract of land; Thence, S 87° 35' 23" E (Basis of Bearing), a distance of 291.00 feet to a''/2 inch iron rod set for comer; Thence, S 01' 54' 37" W, a distance of 203.50 feet to a''/a inch iron rod set for comer; ' Thence, S 87° 27' 53" E, a distance of approximately 440 feet to the centerline of proposed street; I Thence, in a southeasterly direction along centerline of proposed street, a distance of approximately 850 feet to a location for a corner; Thence, in a south southwesterly direction, a distance of approximately 800 feet to a location for a comer; Thence, in a southwesterly direction, a distance of approximately 600 feet to a 42 inch Elm tree for a comer; Thence, N 020 58' 22" W, a distance of 321.42 feet to a'h inch iron rod set for corner; Thence, N 53° 43' 22" W, a distance of 216.48 feet to a %, inch iron rod set for comer; Thence, N 02° 42' 31" E, a distance of 1594.90 feet to the point of beginning, containing approximately 31.33 acres of land. ORDINANCE NO. t a47_1 n_as ' EXHIBIT'C', LEGAL DESCRIPTION ' Tract 2 Being a tract situated in the T.G. Kennedy Survey, Abstract No. 500, Collin County, Texas and being all of a called 111.43 acre tract of land conveyed to Marion M. Montgomery by distribution deed recorded in Volume 2430, Page 518, Deed Records, Collin County, Texas and being all of a called 0.79 acre tract of land conveyed to William Slack Montgomery by deed recorded in Volume 630, Page 635, Deed Records, Collin County, Texas and all of a called 20.20 acre tract of land conveyed to Charles A. Forbes by deed recorded in Volume 1345, Page 366, Deed Records, Collin County, Texas and being particularly described as follows: Beginning at a 5/8 inch iron rod found in the center of Old Bethany Road and being the northwest comer of said 111.43 acre tract of land; Thence, S 870 35' 23" E, a distance of 291.00 feet to a %, inch iron rod set for comer; Thence, S 010 54' 37" W, a distance of 203.50 feet to a %: inch iron rod set for comer; Thence, S 870 27' 53" E, a distance of approximately 440 feet to the centerline of proposed street and point of beginning; Beginning thence, S 87° 27' 53" E, a distance of approximately 1321 .00 feet to a point for comer in the center of Watters Branch Creek; Thence, S 89° 26' 22" E, a distance of 599.77 feet to a 5/8 inch iron rod found for the northwest right-of-way line of U.S. Highway No. 75; Thence, S 140 01' 29" W, along said right-of-way line, a distance of approximately 30.8 feet to centerline of proposed street; Thence, westerly, along said centerline of proposed street, curving northerly to the point of beginning, containing approximately 28.53 acres of land. Thence, with the meanders of the center of Watters Branch as follows: ' S 23° 00' 48" W, a distance of 72.13 feet; S 120 16' 19" E, a distance of 122.42 feet; S 360 44' 19" E, a distance of 65.95 feet; S 210 34' 19" E, a distance of 137.15 feet; S 340 01' 19" E, a distance of 157.64 feet; S 070 15' 19" E, a distance of 116.94 feet; S 290 46' 41" W, a distance of 146.34 feet; S 140 13' 19" E, a distance of 84.72 feet; S 280 07' 19" E, a distance of 58.42 feet; S 420 27' 41" W, a distance of 67.20 feet; S 160 23' 41" W, a distance of 28.97 feet; S 160 24' S1" W, a distance of 23.70 feet; Thence, S 89° 26' 22" E, a distance of 599.77 feet to a 5/8 inch iron rod found for the northwest right-of-way line of U.S. Highway No. 75; Thence, S 140 01' 29" W, along said right-of-way line, a distance of approximately 30.8 feet to centerline of proposed street; Thence, westerly, along said centerline of proposed street, curving northerly to the point of beginning, containing approximately 28.53 acres of land. ' Tract 3 Being a tract situated in the T.G. Kennedy Survey, Abstract No. 500, Collin County, Texas and being all of a called 111.43 acre tract of land conveyed to Marion M. Montgomery by distribution deed recorded in Volume 2430, Page 518, Deed Records, Collin County, Texas and being all of a called 0.79 acre tract of land conveyed to William Slack Montgomery by deed recorded in Volume 630, Page 635, Deed Records, Collin County, Texas and all of a called 20.20 acre tract of land conveyed to Charles A. Forbes by deed recorded in Volume 1345, Page 366, Deed Records, Collin County, Texas and being particularly described as follows: Beginning at a 5/8 inch iron rod found in the center of Old Bethany Road and being the northwest corner of said 111.43 acre tract of land; Thence, S 020 42' 31" W, a distance of 1594.90 feet to a %: inch von rod set for corner;; Thence, S 530 43' 22" E, a distance of 216.48 feet to a %, inch iron rod set for comer; Thence, S 02° 58' 22" E, a distance of 321.42 feet to a 42 inch Elm tree for a point of beginning; Beginning thence, in a northeasterly direction, a distance of approximately 600 feet to a location for a comer; Thence, in a north northeasterly direction, a distance of approximately 800 feet to the centerline ' of proposed street for a comer; Thence, along centerline of proposed street in an easterly direction, a distance of approximately 1780 feet to the beginning point at the intersection of the centerline of the proposed street and the northwestern right-of-way line for U.S. Highway No. 75; Thence, S 140 01'29" W, along U. S. Highway No. 75 right-of-way, a distance of approximately 30.8 feet to a 5/8 inch iron rod found for a comer; Thence, N 890 26' 22" W, a distance of 793.64 feet to a 60D nail found for comer; Thence, S 77° 58' 28" W, a distance of 33.47 feet to a 60D nail found for a corner; Thence, S 630 31' 39" W, a distance of 45.14 feet to a 60D nail found for comer; Thence, S 54" 34' 04" W, a distance of 144.75 feet to a 48 inch Pecan tree for corner; Thence, S 01 ° 47' 23" E, a distance of 433.62 feet to a %: inch iron rod found for corner; Thence, N 890 12' 56" E, a distance of approximately 370 feet to the centerline of Watters Branch for a comer; Thence, south along the centerline of Watters Branch a distance of approximately 1400 feet; Thence, N 61' 50 ` 11" W, a distance of 711.15 feet to a 5/8 inch iron rod found for comer; ' Thence, N 470 57' 50" W, a distance of 317.03 feet to a 5/8 inch rod found for comer; Thence, N 46° 24' 02" W, a distance of 874.52 feet to a %, inch iron rod set for comer; Thence, N 21 ° 28' 22" W, a distance of 98.34 feet to a '/2 inch iron rod set for comer; Thence, N 37° 58' 22" W, a distance of 113.32 feet to a 42 inch Elm tree for point of beginning, containing approximately 60.12 acres.