O-1104-5-92ORDINANCE NO. 1104-5-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, AND ORDINANCE NO. 457-9-83 (PLANNED
DEVELOPMENT NO. 11) BY CHANGING THE MULTI-FAMELY ZONING TO
SINGLE-FAMILY RESIDENTIAL ON APPROXIMATELY 9.3448 ACRES OF LAND,
MORE OR LESS, OUT OF THE PETER FISHER SURVEY, ABSTRACT NO. 324,
COLLIN COUNTY, TEXAS; PROVIDING FOR A SITE PLAN, PROVIDING FOR
AREA AND USE REGULATIONS; PROVIDING FOR NOTIFICATION
REQUIREMENTS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the Planning and Zoning Commission 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 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 No. 829-11-87, as previously amended, and
Ordinance No. 457-9-83 should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas,
as previously amended, and Ordinance No. 457-9-83 be, and the same hereby are, amended by
changing the Zoning Map of the City of Allen to give the following tract of land the following
classification, to -wit:
That the area be, and the same. hereby is, zoned as Planned Development -Residential
No. 11 (PD -R No. 11) described as approximately 9.3448 acres of land, more or less,
out of the Peter Fisher Survey, Abstract No. 324, Collin County, Texas.
SECTION 2: That the site plan attached hereto as Exhibit "A" and made a part hereof for all
purposes shall be adhered to in its entirety for the purposes of establishing conceptual design and
maximum density.
SECTION 3: That the area and use regulations of this residential development conform to the area
and use regulations provided herein as Exhibit "B."
SECTION 4: That all sales offices of persons or corporations building homes on said property shall
post the land use or zoning plan of adjacent properties.
SECTION 5: That all ordinances of the City of Allen in conflict with the provisions of this ordinance
shall be, and the same hereby"are, repealed; provided, however, that all other provisions of said
ordinances not in conflict herewith shall remain in full force and effect.
SECTION 6: That the property described in Exhibit "A" attached hereto shall be used in the
manner and for the purposes provided for as approved herein.
SECTION 7: 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 Comprehensive Zoning Ordinance
No. 829-11-87 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 ($2,000.00) for each offense.
SECTION 8: 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.
SECTION 9: 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, TEXAS,
ON TAE 7 th DAY OF MAY , 1992.
i
APPROVED AS TO FORM:
A. Don Crowder, CITY ATTORNEY
APPROVED:
4<
z 4 011 P 9 i
Farmer, MAYOR
ATTEST:
Jr or n, CITY SECRETARY
Ordinance No. 1104-5-92 Page 2
EXEEIBIT "A" ORDINANCE NO. 1104-5-92
OAK RIDGE II
LEGAL DESCRIPTION
9.3448 ACRES
BEING a tract of land out of the PETER FISHER SURVEY, Abstract No. 324, in the City of
Allen, Collin County, Texas, and being a part of a 10.193 acre tract conveyed to University
Savings Association by Substitutes Trustee's Deed recorded in Volume 3264, Page 520, Land
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a point in the West right-of-way line of Malone Road (60' ROW), from which
the most easterly Northeast corner of the replat of OAK RIDGE, an addition to the City of
Allen, Texas, according to the plat thereof recorded in Cabinet F, Slide 437, bears North 89'
50' 24" East, 30.00 feet;
THENCE with the Northerly and Easterly lines of said OAK RIDGE, the following courses and
distances to wit:
South 89' 50' 24" West, a distance of 57.29 feet to a point for corner;
North 00° 09' 36" West, a distance of 8.00 feet to a point for comer;
South 89° 50' 24" West, a distance of 794.63 feet to a point for the begirming of a
tangent curve to the right, having a central angle of 90' 05' 46", a radius of 40.00 feet
and a chord bearing and distance of North 45° 06' 43" West, 56.62 feet;
Northwesterly with said curve, an arc distance of 62.90 feet to a point of tangency;
North 00° 03' 50" West, a distance of 691.63 feet to a point for corner;
South 89° 56' 10" West, a distance of 8.00 feet to a point for corner;
North 00' 03' 50" West, a distance of 60.29 feet to a point in the South right-of-way line
of Exchange Parkway (100' ROW);
THENCE with the said right-of-way line, North 89' 50' 24" East, a distance of 300.00 feet to
a point for the Northwest corner of a 7.9 acre tract of land conveyed to Murray Development
Company by deed recorded in Volume 1742, Page 624, Land Records of Collin County, Texas;
THENCE with the West and South line of said 7.9 acre tract, the following courses and
distances to wit:
South 00° 03' 50" East, a distance of 500.00 feet to a point for the Southwest corner of
said 7.9 acre tract;
North 89' 50' 24" East, a distance of 600.00 feet to a point in the West right-of-way line
of Malone Road;
THENCE with the West right-of-way line, South 00° 03' 50" East, a distance of 300.00 feet
to the POINT OF BEGINNING and containing 9.3448 acres of land.
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N 71st C T. OAK RIDGE II
Belem Is PfArtIN at the
PETER FISHER SURVEY, ABSTRACT NO. 324
CITY OF ALLEN, COLLIN COUNTY, TEXAS
9.3448 ACRES
52 LOTS
5.6 LOTS PER NET ACRE
TYPICAL LOT SIZE 50'x 110'
EXISTING ZONING: PD -11 -MF
PROPOSED ZONING: PD -SINGLE FAMILY RESIDENTIAL
THE NELSON CORPORATION LECAC1111oMFS. PLANNERjENCINEER: D.tt APRIL 39, t»:
Land Planning • Engineering a Surveying tot East Pari Blood, Sle. 853
5999 Summerside Drive, Suite 202 THE NELSON CORPORATION
Dallas, 'texas 75252 • (214) 380-2605 Piano, Texas 75074 3999 Stts.6erDYy Ste. 202 S No 92n2•M IS ►/r
(214) 57D-9411
Da11.9, Timed 75252 SCALL 1• -Sr -O"
r7ll1 a9n-�<ne
EMIBIT "B" ORDINANCE NO. 1104-5-92
1.0 PLANNED DEVELOPMENT DISTRICT - SINGLE FAMILY RESIDENTIAL
USES AND DEVELOPMENT REQUIREMENTS:
1.01 Purpose: This district shall accommodate the development of single family
detached homes.
1.02 Permitted Uses: A building or premise shall be used only for the following
purposes:
a. Such uses as allowed under the Schedule of Uses section for the "GH"
Garden Home Residential District in the City of Allen Comprehensive
Zoning Ordinance No. 829-11-87.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits of the City of Allen Comprehensive Zoning
Ordinance No. 829-11-87.
1.03 Height Regulation: No building shall exceed thirty (30) feet or two and one-half
(2-1/2) stories in height.
1.04 Area Regulations:
a. Size of Yards:
(1) Front Yard: There shall be a front yard having'a depth of not less
than twenty (20) feet.
(2) Side Yard: There shall be a side yard on each side of the lot
having a width of not less than five (5) feet. A side yard adjacent
to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard: There shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area: No building shall be constructed of any lot of less than
five thousand (5,000) square feet.
(2) Lot Width: The width of the lot shall not be less than forty-five
(45) feet at the front building line. '
(3) Lot Depth: The depth of the lot shall not be less than ninety (90)
feet.
C. Dwelling Unit Size: The minimum floor area of the main building shall
be one thousand two hundred (1,200) square feet.
d. Lot Coverage: In no case shall more than fifty-five (55 %) per cent of the
total lot area be covered by the combined area of the main building and
accessory buildings.
1.05 Building Regulations:
a. Type of Materials: All main buildings shall have exterior construction
of a minimum of seventy-five (75 %) brick, tile, cement, concrete, stone
or similar materials.
1.06 General Conditions:
a. Identification of Retail Zoning: The proposed future retail tract located
at the southwest comer of Malone Road and Exchange Parkway will be
identified on sales plats or brochures for the subject property. It will also
be indicated on sales exhibits that are displayed at sales offices for the
Oak Ridge II property.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published
in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general
circulation in said county, and having been published regularly and continously for more
than twelve (12) months prior to publishing
Ordinance 1104-5-92
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
and which was issued on M
K
by City n f Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
el
SUBSCRIBED AND SWORN to before me this 10 day of )max 19 9�
V.A. TODD
MY COMMISSION EXPIRES
If Dmwmbw i, 1002
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 42.76
CITY OF ALLEN
PUBLIC NOTICE
Notice Is hereby given that the Allen Citi
Council adopted the following ordinance a
their regular meeting held on Thursday
May 7, 1992 (Title and Penalty Clause
only):
Ordinance No. 1104-5-92: An Ordinance
'of the City of Allen, Collin County, Texas
Amending Comprehensive Zoning Ordi•
nance No. 829-11-87•, asaPreviously
Amended, and Ordinance No. 457-9-&;
(Planned Development No. 11) by Chang-
ing the Multi -family Zoning to Single Family
Residential on Approximately 9.3448
Acres of Land, More or Less, Out of the
Peter Fisher Survey, Abstract No. 324,
Collin County, Texas; Providing for a Site
Plan; Providing for Area and Use Regula-
tions; Providing for Notification Require-
ments; Providing for a Penalty of fine not to
Exceed the Sum of Two Thousand Dollars
($2,000.00) for Each Offense; Providing
for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11.87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/Judy Morrison
City -Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 7, 1992 (Title and Penalty Clause
only):
Ordinance No. 1104-5-92: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 829-11-87, as Previously
Amended, and Ordinance No. 457-9-83
(Planned Development No. 11) by Chang-
ing the Multi -family Zoning to Single Family
Residential on Approximately 9.3448
Acres of Land, More or Less, Out of the
Peter Fisher Survey, Abstract No. 324,
Collin County, Texas; Providing for a Site
Plan; Providing for Area and Use Regula-
tions; Providing for Notification Require-
ments; Providing for a Penalty of fine not to
Exceed the Sum of Two Thousand Dollars
($2,000 00) for Each Offense; Providing
for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/Judy Morrison
City Secretary_
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Public Hearing on Mav 7
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday, April 22. 1992
and which was issued on April 22, 1992
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publicatio attached hereto.
o before me this day of D. 19 9-
�" V.A. TODD
:•..�:
MY COMMISSioN EXPIRES
Owwmbw 5, 1992
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $1 6 . 8 8 ___
-61—TY-OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at }
their regular meeting to be held on Thur-'
day, May 7, 1992, at 7:30 p.m. in the Coun-
cil Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas to consider
a request to amend Planned Development
No. 11 by changing the zoning on the Multi-
family (MF) District to Single-family
Residential.
This request is on property out of the Peter
Fisher Survey, Abstract No. 314, City of
Allen, Collin County, Texas, and part of a I
10.193 acre tract conveyed to University
Savings Association by Substitutes Trus-
tee's Deed recorded in Volurrie 3264, Page
520, Land Records of Collin County;
further described as being southwest of the I
southwest corner of Exchange Parkway
and Malone Road.
Anyone wishing to speak either FOR or I
AGAINST this update is invited to attend
this public hearing and voice their opinion.
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120._..._,,.
/s/ Judy Morrison
City Secretary
EXCHANGE
EXISTING 50' R.O.W.
N89056'10"E 8.00'
UNPLATTED
A Y
M.ICKINNBY I.S.D.
ALLEN I.S.D.
16' ALLEY NOO *09'36 " W 8.00-
REPLAT OF
OAK RIDGE ADDITION
CAB. F SLIDE 437
M.R.c.c.T.
R=40.00'
A=90"05'46"
L=62.90'
CB=N45'06'43 11W
C=56.62'
UNPLATTED
A Y
M.ICKINNBY I.S.D.
ALLEN I.S.D.
16' ALLEY NOO *09'36 " W 8.00-
LIVE
"I
LEGACY HOMES -
101 East Park Blvd., Ste. 855
Plaiiio,Texus 75074
(214)'�7,8-8444
LANE
PLANNER/ENGINEER:
I
111E NELSON CORPORMION
5999'Suminer-side, Ste. 202
Dallas, TeAas 75252
(214) 380--2605
LO-CATI-ON-MAP
NOT TO SCALIE
LEGAL I)ESCRIPTION
993 48 ACRES
BEING a tract of land out of the Peter Fisher Survey, Abstract �lo. 324, in the City of Allen, Collin County, Texas, and being part of a 10.19;3
acre tract conveyed to University Savings Association by sub titute trustee's d eed recorded in, Volume 3264, Page 520, Land Records Collin
County, Texas, and being more particularly described as Poll s:
BEGINNING at a point in the West right-of-way line of Malone Road, (60' R.O.W.), from which the most easterly Northeast corner of the repla,
of Oak Ridge, an addition to the City of Allen, Texas, according to the plat thereof recorded in Cabinet F, Slide 437, bears North .89050'24"
East, 30.00 feet;
THENCE with the Northerly and Easterly lines of said Oak RO'ge, the following courses and distances to wit:
South 89050'24" West, a distance of 57.29 feet to a point for corner;
North 00009'36" West, a distance of 8.00 feet to a;point for corner;
South 89050'24" West, a distance! of 794.63 feet to a point for the
lie beginning of a tangent curve to the right having a central angle
of 90005'46", a radius of 40.00 feet and a chord be,� ir g and distance of North 45006'43" West, 56.62 feet;
Northwesterly with said curve an arc distance of 62.PO feet to a point of tangency;
North 00003'50" West, a. distance of 691.63 feet to a point for corner;
South 89056'110" West, a distance of 8.00 feet to a Joint for corner;
North 00003'50" West, a distance of 60.29 feet to 4 point in the South right -of way line of Exchange Parkway (100' R.O.W.);
THENCE with said right-of-way line, North 89150'24" East, idistance of 300.00 feet to a point for the Northwest corner of a 7.9 acre tract
of land conveyed to Murray Development Company by deedrecorded in Volume 1742, Page 624, Land Records Collin County, Texas;
THENCE with the West and South line of said 7.9 acre tract, !the following courses and distances to wit:
South 00003'50" East, a distance of 500.00 feet to point for the Southwest corner of said 7.9 acre tract;
North 89050'24" East, a distance of 600.00 feet to a point in the West right-of-way line of Malone Road;
THENCE with said West right-of-way line, South 00103'50'i East, a distance of 300.00 feet to the POIN*r OF BEGINNING and containing
9.3448 acres of land.
ALLEN CITY LIMITS
r-
UNPLAT]"U"
EXISTING 30' R.O.W.
CAB. H, SLIDE 183
M.R,C.C.T.
PETER FISIRER SURVEY, AB57'RAC-11 NO, 324
CITY OF ALLEN., COLLIN COUNTY, TEXAS
9.3448 ACRES
,
�52 LOPS
� �
5.6 LOTS PERNET "RE
lr-1 A
TPluAL LUT SIZE 50' x 110
EXISTINC ZONING: r"jw)`-11-MF
16, T
PROPOSED ZONING: PD-'S11NGLi"F". FAMILY RESIDENTIAL
Date: APRIL 30, 1992
Revisions:
Sheet No.:
Job No.: 92022.00
SCALE: I P, =50P-0pp
200'
REPLA-r OF
OAK RIDGE ADDITION
CAB. F SLIDE 437
M.R.C.C.T.
LIVE
"I
LEGACY HOMES -
101 East Park Blvd., Ste. 855
Plaiiio,Texus 75074
(214)'�7,8-8444
LANE
PLANNER/ENGINEER:
I
111E NELSON CORPORMION
5999'Suminer-side, Ste. 202
Dallas, TeAas 75252
(214) 380--2605
LO-CATI-ON-MAP
NOT TO SCALIE
LEGAL I)ESCRIPTION
993 48 ACRES
BEING a tract of land out of the Peter Fisher Survey, Abstract �lo. 324, in the City of Allen, Collin County, Texas, and being part of a 10.19;3
acre tract conveyed to University Savings Association by sub titute trustee's d eed recorded in, Volume 3264, Page 520, Land Records Collin
County, Texas, and being more particularly described as Poll s:
BEGINNING at a point in the West right-of-way line of Malone Road, (60' R.O.W.), from which the most easterly Northeast corner of the repla,
of Oak Ridge, an addition to the City of Allen, Texas, according to the plat thereof recorded in Cabinet F, Slide 437, bears North .89050'24"
East, 30.00 feet;
THENCE with the Northerly and Easterly lines of said Oak RO'ge, the following courses and distances to wit:
South 89050'24" West, a distance of 57.29 feet to a point for corner;
North 00009'36" West, a distance of 8.00 feet to a;point for corner;
South 89050'24" West, a distance! of 794.63 feet to a point for the
lie beginning of a tangent curve to the right having a central angle
of 90005'46", a radius of 40.00 feet and a chord be,� ir g and distance of North 45006'43" West, 56.62 feet;
Northwesterly with said curve an arc distance of 62.PO feet to a point of tangency;
North 00003'50" West, a. distance of 691.63 feet to a point for corner;
South 89056'110" West, a distance of 8.00 feet to a Joint for corner;
North 00003'50" West, a distance of 60.29 feet to 4 point in the South right -of way line of Exchange Parkway (100' R.O.W.);
THENCE with said right-of-way line, North 89150'24" East, idistance of 300.00 feet to a point for the Northwest corner of a 7.9 acre tract
of land conveyed to Murray Development Company by deedrecorded in Volume 1742, Page 624, Land Records Collin County, Texas;
THENCE with the West and South line of said 7.9 acre tract, !the following courses and distances to wit:
South 00003'50" East, a distance of 500.00 feet to point for the Southwest corner of said 7.9 acre tract;
North 89050'24" East, a distance of 600.00 feet to a point in the West right-of-way line of Malone Road;
THENCE with said West right-of-way line, South 00103'50'i East, a distance of 300.00 feet to the POIN*r OF BEGINNING and containing
9.3448 acres of land.
ALLEN CITY LIMITS
r-
UNPLAT]"U"
EXISTING 30' R.O.W.
CAB. H, SLIDE 183
M.R,C.C.T.
PETER FISIRER SURVEY, AB57'RAC-11 NO, 324
CITY OF ALLEN., COLLIN COUNTY, TEXAS
9.3448 ACRES
,
�52 LOPS
� �
5.6 LOTS PERNET "RE
lr-1 A
TPluAL LUT SIZE 50' x 110
EXISTINC ZONING: r"jw)`-11-MF
16, T
PROPOSED ZONING: PD-'S11NGLi"F". FAMILY RESIDENTIAL
Date: APRIL 30, 1992
Revisions:
Sheet No.:
Job No.: 92022.00
SCALE: I P, =50P-0pp
200'