O-1410-3-96ORDINANCE NO. 1410-3-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM
AGRICULTURAL OPEN SPACE (A -O) TO RESIDENTIAL R -5(C) AND
COMMUNITY FACILITIES (CF) ON THE FOLLOWING -DESCRIBED TRACT
OF LAND: APPROXIMATELY 85 01 ACRES OF LAND OUT OF THE SIMON
BURNS SURVEY, ABSTRACT NO. 92, CITY OF ALLEN, COIJ IN COUNTY,
TEXAS; PROVIDING FOR EXEIIBIT "A" LAND USE PLAN; PROVIDING FOR
EXHIBIT B" DEVELOPMENT STANDARDS AND EXHIBIT "C" LEGAL
DESCRIPTION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE,
PROVIDING FOR A SEVERABIIITY CIAUSE; AND PROVIDING FOR THE
EFFECT 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 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, 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. 829-11-87, as previously amended, be and the
same is hereby revised by changing the zoning classification from Agricultural Open Space (A -O) to
Residential 5(C) (R5 -C) and Community Facilities (CF) on the following tract of land: approximately
85.01 acres of land out of the Simon Burns Survey, Abstract No. 92, City of Allen, Collin County, Texas.
SECTION 2: The approved Land Use Plan and Development Standards, attached hereto as Exhibits
"A" and "B," respectively, and made a part hereof for all purposes, shall be adhered to in their entirety.
SECTION 3: The property described in Exhibit "C," legal description, attached hereto and made a
part hereof for all purposes, 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances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.
SECTION 5: 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 6: 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 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 COUNCIL OF THE MY OF ALLEN, TEXAS,
ON THE 21ST DAY OF MARCH ,1996.
APPROVED AS TO FORM:
A. Don r,CrIYATMRNEY
APPROVED:
foe Farmer, MAYOR
414 M 0.111
r4a, - Wn'e.11MR,
Ordinance No. 1410-3-96 Page 2
This Page is too large to OCR
Ordinance No. 1410-3-96
Enhibit "B"
DEVELOPMENT STANDARDS— �--
A CONDITION OF ZONING
TO BE ATTACHED AS AN EXHIBIT TO THE APPROVED ORDINANCE
Whereas a request has come forward to attach permanent zoning on an 85.01 acre tract of land
situated in the Simon Burns Survey, Abstract No. 92, Collin County, Texas, and under the
ownership of Ann More Vigil and Linda Sue Moore, it has been determined that certain
development conditions should be in place as a condition of this zoning to protect the integrity
of the Bethany Lakes Community Park to the west, a continuation of a linear greenbelt
connection to Story Park, and a need to provide an equitable method for determining
participation for construction of adjacent roadways, the following intermittent requirements shall
be met at the prescribed stages:
Prior to preliminary platting:
An agreement satisfactory to the property owners and the City of Allen shall be in place
to assure that the open space that connects to the northeast corner of Bethany Lakes Park
will connect in a manner that creates an extension of the park.
The extension may be created by a variety of methods, including meandering the
roadway between the two developments to soften the edge, creating a park amenity at the
northeast comer which must include a decorative bridge crossing with some type of stone
facade, and connecting the eight -foot trail proposed in the open space to the existing
trails in the park.
The development of areas along the open space must allow room for the trails in an
agreeable park setting. Crowding of the drainage way must be disallowed to prevent the
same type of situation that currently exists in the planned development zoning to the
west.
Prior to final plat:
A signed facilities agreement must be in place consisting of approval by the City of
Allen, the developers of the 85 -acre tract, and the owners of the balance of the property
located to the east to the Malone Road right-of-way, between Bethany Drive on the south
and the Greengate Addition and Story Park on the north. This facilities agreement shall
set out the requirements for roadways that must be constructed with development or a
methodology for escrowing of funds on a per acre basis. Such amount to be determined
by the estimated cost of roadways to be constructed within this area. In addition, the
Community Facilities tract -will be dedicated to the City of Allen on the final plat.
Page 1
Prior to Issuance of a Development Permit:
The developer of the 85 -acre tract shall provide the City of Allen with a certified copy
of the subdivision deed restrictions that have been filed in Collin County Deed Records,
including a stipulation that the minimum house size allowed would be 1500 square feet.
Houses adjacent to Greengate subdivision will require that no more than 50% will be two
story product. Houses adjacent to Shadow Lakes- Phase B will require a minimum house
size of 1750 square feet.
a
homes backing to Gardenia will be
limited to 50% 2 -story
homes backing to Stretford will be
a minumum of 1750 sq. feet.
Page 2
II. ANALYSIS OF PLAN
Commercial:
Office:
Industrial:
Park:
Flood Plain:
Acres HDR/Units
Acres MDR/Units
Acres LDR/Units
. CITY OF ALLEN
COMPREHENSIVE PLAN
STAFF REVIEW POLICY
Application
0
0
0
4.19
0
0/0
0/0
80.82/305
Comp. Plan
0
0
0
0
0
0/0
0/0
85.01/277
TOTAL Acres/Units 85.01/305 85.01/277
Transfer (penalty) for parkland or open space: 4.19 ACRES; 13.6 UNITS
Difference
0
0
N
+4.19
0
0/0
0/0
-4.19/+28
C
100 s0 0 100 200
siiiiiia
SCALE FEET
SCALE, V = 100'
DATE, 12/95
4
I
1
2 1
I
1
1 I
BLUEBONNET DRIVE I
LOCATION
i i
m
...I.Sv..4 (f.Y. 2170)
►..1.et
R - 5
SINGLE FAMILY
1
1
16 17 1e I
17
1e 26 27 2e 2! ]0
19 23
2e 24
ar46'33' w leaks'
homes backing to Gardenia will be j
limited to 50% 2 -story
homes backing to Stretford will be
a minumum oi 1750 sq. feet.
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1�
1=
R - 5
SINGLE FAMILY I
I
C - F '
COUMUNITY FACUMM I
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31 1 - 1- 1 34 1 27 1- 1 31 1 U 1 71 1 4. 1 41 1. z 11 4.
CONCEPT PLAN
OF
85.01 ACRES
ALLEN TEXAS
SCAN 1' - 100' - DATE 2-I5-96
OWNER —
A N N M O O R E V I G I L
10762 Matap Rood;.. Ar9y,t T.— 75225
L I N D A S U E M O O R E
669 E d.le. Rood -• W-ti.Vll , T. 76226
— ENGINEER —
TIPTON ENGINEERING. INC.
6330 e.11 Line RL - SAt. C - Ce —d. T.... 75043
0 - 94'55'27'
R - 50.00'
2
T - 54.49'
L - a2a4'
CO - 73.aa'
Ce-S1196'05'W
ar4Q,33- a
DR1VE�
le
1
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W 17
1
1
15
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1
14
j
4
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1
2 1
I
1
1 I
BLUEBONNET DRIVE I
LOCATION
i i
m
...I.Sv..4 (f.Y. 2170)
►..1.et
R - 5
SINGLE FAMILY
1
1
16 17 1e I
17
1e 26 27 2e 2! ]0
19 23
2e 24
ar46'33' w leaks'
homes backing to Gardenia will be j
limited to 50% 2 -story
homes backing to Stretford will be
a minumum oi 1750 sq. feet.
�I
1�
1=
R - 5
SINGLE FAMILY I
I
C - F '
COUMUNITY FACUMM I
,
I
C13
Z to
QI
W'
WI
1
1
,
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_---��--�--��--
31 1 - 1- 1 34 1 27 1- 1 31 1 U 1 71 1 4. 1 41 1. z 11 4.
CONCEPT PLAN
OF
85.01 ACRES
ALLEN TEXAS
SCAN 1' - 100' - DATE 2-I5-96
OWNER —
A N N M O O R E V I G I L
10762 Matap Rood;.. Ar9y,t T.— 75225
L I N D A S U E M O O R E
669 E d.le. Rood -• W-ti.Vll , T. 76226
— ENGINEER —
TIPTON ENGINEERING. INC.
6330 e.11 Line RL - SAt. C - Ce —d. T.... 75043
i \
i
EXHIBIT "A"
BEING a tract of land situated 'in the Simon Burns Survey, Abstract No. 92, Collin County,
Texas, the subject tract being part of a 217.56 acre tract of land conveyed to Patricia Ann Moore
(Moore tract) by the warranty deed recorded in Volume 1287, Page 598, same tract also being
conveyed to Linda Sue Wood by the warranty deed recorded in Volume 1287, Page 612, both
deeds being filed in the Land Records of Collin County, Texas (LRCCT), the subject tract being
more particularly described as follows;
BEGINNING at a point in County Road No. 190 (Bandy Road), said point being located at the
Southwest corner of said Moore tract and the Southeast corner of a 49.4535 acre tract of land
conveyed to the City of Allen by the deed recorded in County Clerk File Number 92-0090760
(LRCCT), a PK nail set in asphalt at corner, from which a chain link fence corner post next to
a bois—d—arc post bears N 00' 42' 55" E, a distance of 20.06 feet;
THENCE, N 00' 43' 34" E, near the general course of a barbed wire fence and along the
west line of said 217.56 acre tract and the east line of said City of Allen 49.4535 acre tract, a
distance of 1338.34 feet to the South line of Shadow Lakes Blvd. (a 60' ROW), a 1/2" iron pin
set at corner, from which an "X" in concrete at the centerline of Shadow Lakes Drive and
Stretford Lane bears N 78' 39' 00" W. a distance of 163.40 feet;
THENCE, N 00' 40' 33" W, along the West line of said 217.56 acre Moore tract, along
the East line of Shadow Lakes Phase A, an addition to the City of Allen according to the final
plat recorded in Cabinet H, Page 729 (LRCCT), and along the East line of Shadow Lakes Phase
B. an addition to the City of Allen according to the final plat recorded in Cabinet I, Page 452
(LRCCT), a distance of 1300.38 feet to the Southwest corner of Section Two Greengate
Addition, an addition to the City of Allen according to the final plat recorded in Cabinet E.
Page 111 (LRCCT), an X in concrete found at comet;
THENCE, S 89' 41' 16" E. along the South line of a 16 feet wide alley, some line also
being the South line of said Section Two Greengate Addition, a distance of 1414.68 feet to the
Southeast corner of said Section Two Greengrate Addition, 1/2" iron pin set at corner, from
which a 1/2" iron pin found at the Southerly common corner of Lots 16 and 17. Block 10 of
said Section Two Greengate Addition, bears N 84' 38' 50" W. a distance of 187.51 feet;
THENCE. S 00' 40' 33" W, a distance of 95.26 feet.
THENCE. Around a non—tangent curve to the Right having a central angle of 94' 55' 27",
a radius of 50.00 feet, and a chord bearing of S 11' 16' 05" W. an arc distance of 82.84
feet;
THENCE. S 00' 40' 33" W. a distance of 1,881.65 feet to the Northwest corner of a 4.00
acre tract of land conveyed to Walter L. Mason, M.D. by the warranty deed recorded in County
Clerk File Number 94-0038659 (LRCCT), a 1/2" iron pin found at corner, from which a 6"
fence post bears S 84' 47' 15" W. a distance of 4.60 feet;
THENCE. S 00' 39' 36" W. along the said 4.00 acre tract West line, passing a 1/2" iron
pin found at a distance of 580.79 feet and proceeding 16.87 feet to make a total distance of
597.66 feet to a point in the asphalt pavement of the previously mentioned County Road No. 190
(Bandy Road), a PK nail set in asphalt;
THENCE, N 89' 21' 10" W. along the South line of said 217.56 acre tract and the
approximate center line of the previously mentioned County Road No. 190 (Bandy Road), a
distance of 1402.45 feet to the PLACE OF BEGINNING with the subject tract containing
3,106,307 square feet or 85.0851 acres of land.
Ordinance No. 1410-3-96
Enhibit "C"
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
85.01 Acre --Malone Rd
CITY OF ALLEN
of which the attached is a true and written co and which was published
copy, p
PUBLIC HEARING
,NOTICE hereby
Notice is hereby given that the Allen
in THE ALLEN AMERICAN on
City Council will conduct a public hearing
at their regular meeting to be held on
Thursday, March 7, 1996, at 7:30 p.m. in
February 7, 1996
the Council Chambers of the Allen Munici-
and which was issued on
pal Annex, One Butler Circle, Allen,
Texas, to consider a request to zone
approximately 85.01 acres of land to
February 7 , 1996
Residential 5 (R-5).
This request is on property described
as an 85.01 -acre tract of land located in
by _City of Allen of COLLIN COUNTY, TEXAS
the Simon Burns Survey, Abstract No. 92,
Collin County, Texas; further described as
being located north of Brandy Land
between Allen Heights Drive and Malone
A printed copy of said publication is attached hereto.
Road (east of Bethany Lakes Park).
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend
this public hearing and voice his or her
opinion.
SUBSCRIBED AND SWORN to before me this
For further information, contact the
Department of Community Development,
day &A.,1 ) , A.D. 19,'4
City of Allen, One Butler Circle, Allen,
Texas, or by telephoning 727-0120.
j�_ e
/,
/s/Judy Morrison
=ate-/,
City Secretary
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 19 . 2 5
- �
0".V"",
, �A V. A. To " '= MY COMMlSSIOfJ EXPIRES
Qt3selnber 5, 1956
�.ar
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 #1410-3-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
March 27 & March 30, 1996
and which was issued on
March 27, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publi n is attached hereto.
SUBSC�F,�IBED AND ORN to before me this
�,r
/((jj day 6z" .1 A.D. 191
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $_5 7 . 7 6
V. A. TODD
My COMMISSION EXPIRES
December 5, 1990
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, March 21, 1996 (Title and
Penalty Clause only):
Ordinance No. 1410-3-96: An
Or manc�ce o the --City ofATFe-n-,--Collin
County, Texas, Amending Comprehen-
sive Zoning Ordinance No. 829-11-87, as
Previously Amended, so as to Change
the Zoning from Agricultural Open Space
(A=0) to Residential R -5(C) and Commu-
nity Facilities (CF) on the Following -
Described Tract of Land: 85.01 Acres of
Land out of the Simon Burns Survey,
Abstract No. 92, City of Allen, Collin
County, Texas; Providing for Exhibit "A"
Land Use Plan; Providing for Exhibit "B"
Development Standards, and Exhibit "C"
Legal Description; Providing for a Penalty
of Fine not to Exceed the Sum of Two
Thousand Dollars ($2,000) for each
Offense; Providing for a Severability
Clause; and Providing for the Effective
Date of Said Ordinance.
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 hereto-
fore amended, and upon conviction shall
be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000)
for each offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/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, March 21, 1996 (Title and
Penalty Clause only):
Ordinance No. 1410-3-96: An
Or finance o e City o en, ollln
County, Texas, Amending Comprehen-
slve Zoning Ordinance No. 829-11-87; as
Previously Amended, so as to Change
the Zoning from Agricultural Open Space
(A -O) to Residential R -5(C) and Commu-
nity.Facillties (CF) on the Following-
Desdribed Tract of Land: 85.01 Acres of
Land out of the Simon Burns Survey,
Abstract No, 92, City of Allen, Collin
County, Texas; Providing for Exhibit "A"
Land Use Plan; Providing for Exhibit "B"
Development Standards, and Exhibit "C"
Legal Description; Providing for a Penalty
of Flne not to Exceed the Sum of Two
Thousand Dollars ($2,000) for each
Offense; Providing fora Severability
Clause; and Providing for the Effective
Date of Said Ordinance.
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 hereto-
fore amended, and upon conviction shall
be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000)
for each offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary i