O-556-10-84ORDINANCE NO. 556-10-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO
CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM THE
CURRENT ZONING DISTRICT CLASSIFICATION OF "R-2"
RESIDENTIAL TO "R-5" RESIDENTIAL DISTRICT CLASSIFICATION,
SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS:
APPROXIMATELY 49.883 ACRES, MORE OR LESS, OUT OF THE PETER
FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY, TEXAS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE;
PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Planning and Zoning Commission of the City of Allen, and the
City Council 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 Comprehensive Zoning Ordinance should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance of the City of Allen,
Texas, as heretofore amended, be and the same is hereby amended by amending the
Zoning Map of the City of Allen to give the following -described tract of land the
following zoning classification, to -wit: That area be and the same is hereby zoned as
"R-5" Residential District Classification:
BEING a 49.883 acre tract of land out of the Peter Fisher Survey,
Abstract No. 324, City of Allen, Collin County, Texas, and being a part of
that tract of land described in a deed to L.C. Richards, as recorded in
Volume 291, Page 176 in the Deed Records of Collin County, Texas, and
being particularly described as follows:
BEGINNING at the Southwest corner of Fountain Park East
Installment No. 2 as recorded in Volume B, Page 398, Plat Records, Collin
County, Texas, an iron stake found for corner;
Ordinance No. 556-10-84 - Page 1
THENCE S 890 48' 56" E, along the South boundary of Fountain
Park East Installment No. 2, a distance of 1568.93 feet to an iron stake
for corner;
THENCE S 40 56' W, a distance of 678.27 feet to an iron stake for
corner;
THENCE S 300 14' 19" W, a distance of 263.21 feet to an iron stake
found for corner;
THENCE S 00 09' 39" E, a distance of 577.52 feet to an iron stake
for corner;
THENCE N 890 52' 16" W, passing at 929.39 feet, the Northeast
corner of a 2+ acre tract being retained by the L.C. Richards Estate, and
continuing a total distance of 1387.56 feet to an iron stake found for
corner;
THENCE N 00 18' 19" E, passing at 1087.30 feet, the Southeast
corner of Fountain Park, Second Section, as recorded in Volume 8, Page
67, Plat Records of Collin County, Texas, and continuing a total distance
of 1482.62 feet to the PLACE OF BEGINNING and containing 2,172,915
square feet or 49.883 acres of land.
Section 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other
provisions of said ordinance shall remain in full force and effect.
Section 3. That the above-described tract of land shall be used in the manner
and for the purposes provided for by the Comprehensive Zoning Ordinance of the City
of Allen, as heretofore amended, and as amended herein by granting of this zoning
classification.
Section 4. That 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
Comprehensive Zoning Ordinance of th City of Allen, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars
($1,000.00) for each offense.
Section 5. That 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.
Ordinance No. 556-10-84 - Page 2
Section 6. That 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, this 18th day of OCTOBER , 1984.
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
IM&AJa,,e
Marty Hendrix, 4y Secretary
APPROVED AS TO FORM:
A. wder, City Attorney
Ordinance No. 556-10-84 - Page 3
BASS & ASSOCIATES
5520 LBJ FREEWAY, SUITE 220
DALLAS, TEXAS 75240
October 12, 1984
Mayor Donald P. Rodenbaugh
Members of the City Council
City of Allen
Re: Zoning request on approximately 50 acres of land located in
the Peter Fisher Survey, Abstract No. 324, Collin County
Texas. (Proposed Fountain Park #7)
The 50 acre tract which is the subject of our zoning request
represents the majority of the remaining Residential land between
2170 and Exchange Blvd. north to south, and Highway 5 and Allen
Parkway east to west.
It is a continuation of Bass Development Company's Fountain Park
#6 (R-5 zoning district) on the west, Fountain Park #2 (R-4
zoning district) at the north west corner, Reed School and Reed
Park on the north peremeter, and Fox & Jacobs' Timber Bend
Addition and a drainage easement on the east. On the south is
primarily General Business District Zoning all the way to 2170.
However, there is a small 8.0 acre tract at the southwest corner
which extends to 2170 that is also presently zoned R-2.
Our request is for R-5 Residential zoning with deed restrictions
to provide for a minimum of 1,600 sq. ft. of living area. We
propose to plat the tract into typical 70 ft. lots, which is
essentially the same as Fountain Park #6 lot sizes. Fountain Park
#6 is also deed restricted to a minimum house size of 1600 sq.
ft. The zoning we request is compatable and consistent with the
other residential in the immediate vicinity.
With 180 lots platted in our proposed zoning concept, we obtain
3.6 units per acre compared to 3.7 in Fountain Park #6.
In the development of this tract we will be resolving an
extensive amount of storm drainage for the area. With culverts
extending into the addition from the Timber Bend Addition and
enclosing all of the storm water from the west through our
property, the cost is approximately 3%4 million dollars including
reshaping of the channel and other related costs.
Page Two.
We have reduced the number of lots adjacent to the park to
provide good access to the park and circulation through the
addition. We propose to dedicate as part of the Park that
portion north of the street which is not included in platted
lots. It is planned that a street will be extended to 2170 to the
south and intersect with the street in Fountain Park #6 to give
complete access and traffic circulation.
A copy of the voluntary deed restrictions which we propose is
attached, along with plats for project identification, existing
zoning and our concept plan.
We believe Fountain Park #7 will be an excellant addition for the
City and ask for your favorable consideration.
Sincerely,
_
M. H. Bass
Applicant
MHB/bb
Attachments
(Proposed)
DEED RESTRICTIONS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That the
undersigned,
Stephen
L. Goodman,
is the
owner of
the following
described
property
situated in
Collin
County,
Texas, being in particular a tract of land out of the Peter
Fisher Survey, Abstract No. 324, City of Allen, Collin County,
Texas, and being a part of that tract of land described in a deed
to L. C. Richards, as recorded in Volume 291, Page 176 in the
Deed Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at the Southwest corner of Fountain Park East
Installment No. 2 as recorded in Volume B, Page 398,
Plat Records, Collin County, Texas, an iron stake found
for corner;
THENCE S 890 487 56" E, along the South boundary of
Fountain Park East Installment No. 2, a distance of
1568.93 feet to an iron stake for corner;
THENCE S 40 56' W, a distance of 678.27 feet to an iron
stake for corner;
THENCE S 300 14' 19" W, a distance of 263.21 feet to an
iron stake found for corner;
THENCE S 00 09' 39" E, a distance of 577.52 feet to an
iron stake for corner;
THENCE N 890 52' 16" W, passing at 929.39 feet, the
Northeast corner of a 2± acre tract being retained by
the L. C. Richards Estate, and continuing a total dis-
tance of 1387.56 feet to an iron stake found for corner;
THENCE N 00 18' 19" E, passing at 1087.30 feet, the
Southeast corner of Fountain Park, Second Section, as
recorded in Volume 8, Page 67, Plat Records of Collin
County, Texas, and continuing a total distance of
1482.62 feet to the PLACE OF BEGINNING and containing
2,172,915 square feet or 49.883 acres of land.
1
That the undersigned, Stephen L. Goodman, does hereby
impress all of the following described property with the
following deed restrictions, to -wit:
"R-5" - Single Family Residential District:
The minimum floor area of any dwelling shall be
sixteen hundred (1,600) square feet, exclusive of
garages, breezeways and porches.
These restrictions shall continue in full force and effect
for a period of twenty-five (25) years from the date of
execution, and shall automatically be extended for additional
periods of ten (10) years unless terminated in the manner
specified herein.
These restrictions shall not be altered, amended or
terminated without a public hearing before the City Plan
Commission and the City Council of the City of Allen. Notice of
t
such public hearings shall be given as would be required by law
for a zoning change on the property described herein.
The restrictions contained herein are not in any manner
intended to restrict the right of the City Council of the City of
Allen to exercise its legislative duties and powers insofar as
zoning of the property is concerned.
These restrictions inure to the benefit of the City of
Allen, and the undersigned owner hereof does hereby grant to the
City of Allen the right to prosecute, at law and in equity,
against the person violating or attempting to violate such
restrictions, either to prevent him from so doing and to correct
such violation and for further remedy, the City of Allen may
withhold the Certificate of Occupancy necessary for the lawful
use of the property until such restrictions described herein are
fully complied with.
These restrictions are hereby declared covenants running
with the land and shall be fully binding upon all persons
acquiring property within the above described tract, and any
person by acceptance of title to any of the above described
property shall thereby agree and covenant to abide by and fully
perform the foregoing restrictions and covenants.
EXECUTED this the day of 19
Stephen L. Goodman
THE STATE OF TEXAS
COUNTY OF COLLIN )
BEFORE ME, the undersigned, a Notary Public in and for
Collin County, Texas, on this day personally appeared Stephen L.
Goodman, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY AND AND SEAL OF"OFFICE this the day of
19
NOTARY PUBLIC in and for
Collin County, Texas
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FOUNTAIN PARK NO. 7
OUT OF THE
PETER FISHER SURVEY ABET. NO. 324
IN THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F.Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared X (AGX k =, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
Notice of Public Hearing
N
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
n October 1, 1984
and which was issued on October 1, 1984 , by City of Allen A
of Collin County, Texas. A printed copy of said publication is attached he to.
SUBSCRIBED AND SWORN to before me this 5thay of November , A.D. 19 8 4 J
Notary Public in and for Collin County, Texas
Publisher's Fee $ P). (9c) Dianne k e r r
Commission Expires 10/14/87
CITY OF ALLEN
`i NOTICE OF
`Or PUBLIC HEARING
Notice is hereby given
that the Allen City Coun-
cil will conduct a public
hearing at 7:30 p.m. on
Thursday, October 18,
1984, in the Council
Chambers of the Allen
Municipal Annex, One
Butler Circle, Allen,
Texas, to consider a zon-
ing change request on
approximately 50 'acres
of land located in the
Peter Fisher Survey,
Abstract No. 324, Collin
County, Texas, and fur-
ther described as being
located west of Timber-,
bend Addition, south df
Reed School and Reed
Park, and east of the
Fountain Park Audition.
This zoning request is
to change zoning on the
above referenced tract
from the present zoning
of R-2, single-family
residential, to R-5, single
family residential, and to
include voluntary deed
restrictions setting
minimum house sizes tp
1,600 square feet.
Anyone wishing to
speak either FOR or
AGAINST, this request is
invited to attend this
public hearing and voice
their opinion.
For further informa-
tion on this request, con-
tact the Department of
Community Develop-
ment at the Allen
Municipal Annex,
OneButler Circle, Allen,
Texas, or telephone
727-9171 or 424-7518
(metro).
Marty Hendrix
City Secretary
(Published in the Allen
American on Monday,
LOrtober 1, 1984.)
55