O-1279-9-94ORDINANCE NO. 1279-9-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
HERETOFORE AMENDED, AND ORDINANCE NO. 1166-4-93 OF THE CITY OF
ALLEN, TEXAS, BY THE ATTACHMENT OF EXHIBIT "J" LAND USE PLAN
AND EXHIBIT"K7 USE AND AREA REGULATIONS ON A 14.07 ACRE TRACT
OF LAND OUT OF THE JOHN DAVID SURVEY, ABSTRACT NO. 255, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY DELINEATED ON THE
OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT NO. 33 (PD 33);
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECITVE DATE.
WIiEREAS, 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,
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have
held due hearings and afforded 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,
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the
exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-
87, as previously amended, and Ordinance No. 1166-4-93 should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87, as heretofore amended, and
Ordinance No. 1166-4-93 of the City of Allen, Texas, be and the same are hereby amended on a 14.07
acre tract of land in the John David Survey, Abstract No. 255, City of Allen, Collin County, Texas,
presently delineated on the Official Zoning Map as Planned Development No. 33 (PD 33), said property
being further described in Exhibit "I" attached hereto and made a part hereof for all purposes.
SECTION 2: The above-described tract of land shall be used as provided for in Exhibit "J" Land Use
Plan and Exhibit "K" Use and Area Regulations, attached hereto and made a part hereof for all
purposes, and shall be adhered to in its entirety for purposes of implementing Planned Development
No. 33.
SECTION 3: All ordinances of the City of Allen in conflict with the provisions of this ordinance 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and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not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 4: 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 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.
SECTION 5: 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 6: 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 THE 1ST DAY OF SEPTEMBER . 1994.
APPROVED AS TO FORM:
Ordinance No.
APPROVED:
�C
roe Farmer, MAYOR
ATTEST:
�i'� u`► e
1279-9-94 Page 2
FIELD NOTES
BEING a tract of land situated in the John Davis Survey-Abstroct No. 255 and the J.A. Taylor
Survey, Abstract No. 908 -- City of Allen, Collin County, Texas, the subject tract further being
part of that 33.092 acre tract of land conveyed to Shadow Lakes No. 2 Limited Partnership, a
Texas Limited Partnership by the deed recorded in Clerk's File Number 93-0023521 of the Land
Records of Collin County, Texas, (LRCCT), the subject tract being more particulorly described
as follows.
COMMENCING at the intersection of the Westerly line of Allen Heights Road, a 100' ROW
per Greenwood Valley, Installment I fife plot and the Southerly line of FM 2170 (Main Street)
(a 115' ROW) at this point,
THENCE, S 00' 09' 57" W, along said Allen Heights Road Westerly line, a distance of 305.00
feet to a point for corner;
THENCE. N 89' 22' 43" E, along 2.035 acre tract North line, a distance of 4.61 feet to the
PLACE. OF BEGINNING;
THENCE, Around o non -tangent curve to the Right having a central angle of 46' 53' 05", a
radius of 925.00 feet and o chord bearing of S 23' 39' 53" W, on arc distance of 756.92 feet
to a point for corner;
THENCE, Around a tangent curve to the Right having o central angle of 07' 32' 18", a radius
of 3,101.33 feet and o chord bearing of S 50' 18' 24" W, on arc distance of 408.04 feet to a
point for corner,
THENCE, S 54' 04' 33" W, o distance of 185.32 feet to a point for corner,
THENCE. N 01' 30' 00" W, a distance of 140.84 feet to a point for corner;
THENCE, N 35' 00' 00" W. o distance of 177.00 feet to a point for corner,
THENCE. N 02' 00' 00" W, a distance of 11900 feet to a point for corner;
THENCE, N 11' 00' 00" E, a distance of 60.00 feet to o point for carrier;
-rte L
THENCE, N 38' 30' 00" E, a distance of /8.00 feet to a point for corner;
THENCE. N 60' 00' 00' E. a distance of 150.00 feet to a point for corner:
THENCE. NL33- 00' 00" E. a distance of 122.00 feet to a point for corner,
THENCE, N 03' 00' 00" W. a distance of 18.3.00 feet to a point for corner,-
THENCE,
orner;THENCE, N 36' 00' 00" W. a distance of 91.00 feet to a point for corner.-
THENCE,
orner;THENCE, N 53' 00' 00" W. a distance of 115.19 feet to a point for corner,
THENCE. N 89' 22' 58" E, a distance of 537.82 feet to a point for corner,
THENCE, N 89' 54' 19" E. a distance of 351.62 feet to the PLACE OF BEGINNING and
containing 507.038 square feet or 11 64 acres of land
Ordinance No. 1279-9-94
Enhibit 11111
LARGE
DRAWINGS
FOR THIS
ORDINANCE/
RESOLUTION
NO. 1279 - 9- 94
CAN BE
FOUND ON
CITY OF ALLEN
35MM ROLL
NUMBERED 5.
SHADOW LAKES NORTH, PHASE II
PROPOSED LAND USE DATA PLANNED DEVELOPMENT NO. 33
SHADOW LAKES NORTH, PHASE II RESIDENTIAL PROPOSED ZONING:
NO. OF UNITS DENSITY
TRACT ACRE ZONING BLDG. S.F. S.F.
B 11.80 Single Family -2 56 4.60
Mid Density
TOTAL ACRES 11.80
TOTAL NO. OF UNITS 56.00
I. SINGLE FAMILY - 2 / MID DENSITY RESIDENTIAL DESIGN STANDARDS
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 5,000 S.F. This district will allow a maximum of 56 units.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than fifteen (15) feet,
with a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
5. MINIMUM LOT WIDTH
Ordinance No. 1279-9-94
Eahibit T"
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at Cul -de -Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty -Five Feet) or two and one-half (2-1/2)
stories in height.
9. MAXIMUM NUMBER OF DWELLING UNITS: 56
10. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,400' (Fourteen Hundred Feet) exclusive of
garages.
11. LOT COVERAGE
In no case shall more than 50% (Fifty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
12. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75%
(Seventy -Five Percent) brick, tiles, cement, concrete, stone, or similar materials.
All housing backing to Allen Heights Road and F.M. 2170 will require the back
of the unit to be 100% brick.
13. SCREENING
A. Lots adjacent to Allen Heights will require a 6' (Six
Foot) high wood fence with brick columns.
B. Lots adjacent to the Open Space will require a 4'
(Four Foot) high wrought iron fence.
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
P D 433
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesday, July' 13, 1994
and which was issued on J u l y 13 , 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said pubMa��'Taslf
attached hereto.
SUBSCRIBED AND SWORN to before me this q day of —a , .D 197
V. A. TODD
MY COMMISSION EXPIRES
December 5, 198
Publisher's fee $ 18 .
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
` CITY OF ALL
NOTICE OF PUBLIC HEARING J'
Notice is hereby given that the Allen City
Council will conduct a public' hearing at
their regular meeting to be held on Thu�s-
day, August 4, 1994, at 7:30 p.m. in the
Council, Chambers of the Allen Municipal
(Annex, One Butler Circle, Allen, Texas, 3o
consider'an appeal of Planning & Zornng�
Commission's decision to deny zoning re-
quest to amend Planned Development No.
133 by reducing the Shopping Center Tract
If rom approximately 17.44 acres to approxi -
I mately 5.8 acres. The request is to change
the zoning on 11.64 acres to single family.
This request is on property described'as
17.44 acres of land situated in the John
Davis Survey, Abstract No. 255 and the J.
A. Taylor Survey, Abstract No. 908, City of
Allen, Collin County, Texas; further.de-
scribed as being located southwest of FM
2170 and west of South Allen Heights
Drive.
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend
this public hearing and voice his or,her;
opinion.
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Texas, or by tele- I
phoning 727-0120. x
/s/ Judy Morrison
City Secretary a n
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� 1
Ordinance #12-29-9-94_',
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Sept. 7, & Sept. 10,.1994
and which was issued on
Sept. 7, 1994
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SW
V. A. TbD�
°•: �= W COMMISSION EXPIRES
'?= December 5, 1996 -
A
to before me this
A.D. 19
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee s-40 :'50
CITY OF ALLEN
PUBLIC NOTICE
Notice
ncil adopted given
te followiing ordinAllen lt
ance
Cou,
their regular meeting held on Thursday,
September 1, 1994 (Title and Penalty
I Clause only):
I Ordinance No. 1279-9-94: 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. 1166-4-93
1 of the City of Allen, Texas, by the Attach-
ment of Exhibit "J" Land Use Plan and
1 Exhibit "K" Use and Area Regulations on a
14.07 Acre Tract of Land out of the John
I David Survey, Abstract No. 255,,City of I
Allen, Collin County, Texas; Presently De-
Ineated on the Official Zoning Map as
1 Planned Development No. 33 (PD 33);
! Providing for a Penalty of Fine Not to Ex -
I ceed the Sum of Two Thousand Dollars i
Clause; re; a dProviding for an Effective
Date
` That any person, firm or corporation violat-
ing any of the provisions or terms of this r
t ordnance shall be subject to the same I
Zrehensive
on nig Oras dl anccedNor f8 9-11-87 of the I
II City of Allen as heretofore amended, and
t upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
r A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
/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,
September 1, 1994 (Title and Penalty
Clause only):
�Ordinance No. 1279-9-94: 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. 1166-4-93
of the City of Allen, Texas, by the Attach-
ment of Exhibit "J" Land Use Plan and
Exhibit "K" Use and Area Regulations on a
14.07 Acre Tract of Land out of the John
David Survey, Abstract No. 255, City of
Allen, Collin County, Texas; Presently De-
lineated on the Official Zoning Map as
Planned Development No. 33 (PD 33);
Providing for a Penalty of Fine Not to Ex-
ceed the Sum of Two Thousand Dollars
($2,000); Providing for a Severability
Clause; and Providing for an Effective
Date.
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, Texas
75002-2773.
/s/ Judy Morrison
City Secretary
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