O-1473-11-961473-11-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM
AGRICULTURE OPEN SPACE (AO) TO PLANNED DEVELOPMENT NO. 59
ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 128365 ACRES OF
LAND LOCATED IN THE SIMON BURNS SURVEY, ABSTRACT NO. 92, CITY
OF ALLEN, COI. IN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A"
LAND USE PLAN; PROVIDING FOR EXHIBIT 'B" AREA AND USE
REGULATIONS; PROVIDING FOR 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 CLAUSE; AND PROVIDING FOR THE DCTIVE
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, as previously amended, should
be changed;
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 amended by changing the Zoning Map of the City of
Allen to establish Planned Development zoning on 128.365 acres of land located in the Simon Burns
Survey, Abstract No. 92, City of Allen, Collin County, Texas, to the following zoning classification, to -
wit:
Planned Development No. 59.
SECTION 2: The land use plan attached hereto as Exhibit "A" and the area and use regulations
attached hereto as Exhibit 'B" are made a part hereof for all purposes and shall be adhered to in their
entirety.
SECTION 3: The property described in Exhibit "C" attached hereto 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances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.
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 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 CITY OF ALLEN, TEXAS,
ON THE 21ST DAY OF NOVEMBER , 1996.
APPROVED AS TO FORM:
A. Don w r, CITY A Y
Ordinance No.
/,l ��
I rq'Aj
ATTEST:
1473-11-96 Page 2
'
972 226 1946
FILE No. 128 10/03 '96 13:26 I D : T I PTON ENG I NEER I NG
I.
972 226 1946
BETHANY CREEK ESTATES PHASE III
ALLEN, TEXAS
PROPOSED LAND USE DATA
SINGLE-FAMILY RESIDENTIAL PLANNED DEVELOPMENT
TRACT I
Planned Development Single -Family 89.062 Acres
Community Facilities 4.50 Acres
Net Single Family Acres: 84.56 Acres
SINGLE FAMILY - RESIDENTIAL DISTRICT REGULATIONS
1. PURPOSE -This district is to be composed of single-family, detached dwellings,
on lots of not less than seven thousand five hundred (7,500) square feet, together
with the allowed incidental and accessory uses. This district will allow a
maximum of 321 units with a density of 3.8 dwelling units per acre.
2. USE REGULATIONS - A building or premise shall be used only for the
following purposes:
a. Any use permitted in District "R-4."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,.
Specific Use Permits.
3. HEIGHT REGULATIONS - No building shall exceed thirty-five (35) feet or
two and one-half (2-1/2) stories in height.
4. AREA REGULATIONS -
a. Size of Yards:
(1) Front Yards -There shall be a front yard having a depth of not less
than twenty-fivc (25) feet.
PAGE 2
ORDINANCE # 1473-11-96
EXHIBIT
)I
972 226 1946
TILE No. 128 10/03 '96 13:27 ID:TIPTON ENGINEERING 972 226 1946 PAGE 3
(2) Side Yard - There shall be a side yard on each side of the lot
having a width of not less than six (6) 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 on any lot less than
seven thousand five hundred (7,500) square feet. Such lot shall
have a minimum buildable area of three thousand (3,000) square
feet.
(2) Lot Width - The width of the lot shall be not less than sixty-two
(62) feet at the front street building line, nor shall its average
width be less than sixty-two (62) feet.
(3) Lot De,.,pth - The depth of the lot shall not be less than one hundred
ten (I 10) feet, except that a corner lot may have a depth of less
than one hundred ten (110) feet provided that the minimum depth
is no less than ninety (90) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
the above regulations shall not prohibit the erection of a single-
family dwelling thereon.
C. Minimum Dwelling Size - The minimum floor area of any dwelling shall
be fifteen hundred (1500) square feet, exclusive of garages, breezeways,
and porches.
d. Lot Coverage - In no case shall more than forty (40) per cent of the total
area be covered by the combined area of the main buildings and accessory.
buildings.
5. BUILDING REGULATIONS:
A. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, titles, cement, concrete, stone,
or similar materials.
972 226 1946
FILE No. 128 10103 '96 13:27 ID:TIPTON ENGINEERING 972 226 1946 PAGE 4
TRACT II
Planned Development Single -Family
Community Facilities
Net Single Family Acres:
39.3 Acres
2_0 Acres
37.3 Acres
I. SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. PURPOSE - This district shall be developed for single family detached dwellings,
on lots of not less than six thousand (6,000) square feet, together with the allowed
incidental and accessory uses. This district will allow a maximum of 170 units
with a density of 4.3 dwelling units per acre.
2. USE REGULATIONS - A building or premise shall be used only for the
following purposes:
a. Any use permitted in District "R-5. "
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. HEIGHT REGULATION - No building shall exceed thirty-five (35) feet or two
and one-half (2-1/2) stories in height.
4. 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 - two required, one foot and nine feet, whereby a
separation of ten feet is always maintained between structures. A
side yard adjacent to a side street shall not be less than fifteen (15)
feet, even when a side yard is across from a front yard, the side
yard shall be fifteen (15) feet.
(3) Alternative Side Yard - a five foot setback on each side of
dwelling.
972 226 1946
'FILE No . 128 10/03 '96 13:27 I D : T I PTON ENG I NEER I NG 972 226 1946 PAGE 5
(4) Rear Yard - there shall be a rear yard having a depth of not less
than ten (10) feet.
(1) Lot Area - no building shall be constructed of any lot of less than
six thousand (6,000) square feet.
(2) Lot Width - the width of the lot shall not be less than fifty-five
(55) feet at the front building line.
(3) Loth - the depth of the lot shall not be less than one hundred
(100) feet.
C. Minimum Dwelling Size: the minimum floor area of any dwelling shall be
twelve hundred (1,200) square feet.
d. Lot Coverage - in no case shall more than fifty-five (55) percent of the
total lot area covered by the combined area of the main building and
accessory buildings.
5. BUILDING REGULATIONS:
A. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75 % brick, tiles, cement, concrete, stone,
or similar materials.
If. DEVELOPMENT STANDARDS
1. A 4.5 acre park dedication that will be linked with an 8' Hike and Bike Trail
from Storey Park to existing Bethany Creek Phase I.
4. Two acre community facility tract at the northwest corner from Bethany and
Malone for the use of a future water tower site.
ORD I NRNCE # 1473-11-96
EXHIBIT C
I _ _ TJ 4182t.FLD
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;
COMMENCING 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 comer 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 (I. RCCT), 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, S 89' 21' 10" E, along the South line of said 217.56 acre Moore tract and the
approximate centerline of said County Road No. 190 (Bandy Road), a distance of 1693.99 feet
to the PLACE OF BEGINNING of the herein described tract of land;
THENCE, N 00' 39' 36" E, a distance of 597.58 feet to the point for comer;
THENCE, N 89' 20' 24" W, a distance of 291.54 feet to the point for comer;
THENCE, N 00' 40' 33" E, a distance of 1881.65 feet to the point for corner;
THENCE, around a curve to Left having a central angle of 94' 55' 27", a radius of 50.00 feet
and a chord bearing of N I V 16' 05" E, an are distance of 82.84 feet;
THENCE, N 00' 40' 33" E, a distance of 95.26 feet to the Southeast comer of Section Two
Greengate Addition, an addition to the City of Allen according to the final plat recorded in
Cabinet E, Page 111 (LRCCT);
THENCE, S 89' 41' 16" E, along the South line of Greengate Addition Section IV, an addition
to the City of Allen according to the final plat recorded in Cabinet F, Page 674 (LRCCT), a
distance of 1298.53 feet;
THENCE, S 89' 40' 21" E, along the South line of Story Park, an addition to the City of Allen,
according to the final plat recorded in Cabinet G, Page 161 (LRCCT), a distance of 855.40 feet
to the Northeast corner of said 217.56 acre Moore tract;
THENCE, S 00' 19' 40" W, along the East line of said 217.56 acre Moore tract, and the
approximate centerline of County Road No. 261 (Malone Road), a distance of 2589.26 feet;
THENCE, N 89' 21' 23" W, a distance of 50.00 feet to a point for comer;
THENCE S 00' 19' 40" W, a distance of 70.00 feet to a point on the South line of said 217.56
acre Moore tract;
THENCE, N 89' 21' 23" W, along the South line of said 217.56 acre Moore tract and the
approximate centerline of County Road No. 190 (Bandy Road), a distance of 1841.88 feet to the
PLACE OF BEGINNING with the subject tract containing 5,591,565± square feet or 128.365+
acres of land.
This Page is too large to OCR
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 o1 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
128.35 Acres 10/17
of which the attached is a true and written copy, and which was published
In THE ALLEN AMERICAN on
September 25, 1996
and which was Issued on
September 25, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said pub anon is attached hereto.
C
SUBSCRIBED ANDO N to before me this
day A.D. 19— f a
�_
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publishers fee s 21 . 0 0
V. A. TODD
:*1 W COMMISSION EXPIRES
December 5, 2000
Legal Notices = 1
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
Thursday, October 17, 1996, at 7:30 p.m.
in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen,
Texas, to consider a request to zone
128.365 acres of land from Agriculture -
Open Space to Planned Development
with single-family uses, a City of Allen
water storage facility and a public hike
and bike trail system.
This request is on property described
as a 128.365± acre tract of land located in
the Simon Burns Survey, Abstract No. 92;
further described as being located at the
northwest corner of Bethany Drive and
Malone Road.
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
Department of Community Development,
City of Allen, One Butler Circle, Allen,
Texas, or by telephoning 727-0120.
/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
128.365 Acres --Bethany Malone 11/7
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
October 19, 1996
and which was issued on
October 19, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said public 'on is attached hereto.
SUBSCRIBED AN to before me this ^
_ day IAl�-C.� A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee 6 2 3. 6 3
g- yV'= V. A. TODD
MY COMMISSION EXPIRES
'rE p•,• E+: December 5, 2000
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
I Notice is hereby given that the Allen
City Council will conduct a public hearing
at their regular meeting to be held on
Thursday, November 7, 1996, at 7.30 p m
in the Council Chambers in the Library
Meeting Room, Allen Public Library, Two
Allen Civic Plaza, Allen, Texas, to consid-
er a request to zone 128.365 acres of land
from Agriculture -Open Space to Planned
Development with single-family uses, a
City of Allen water storage facility and a
public hike and bike trail system
This request is on property described
as a 128.3651 acre tract of land located in
the Simon Burns Survey, Abstract No 92,
further described as being located at the
northwest corner of Bethany Drive and
Malone Road.
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
Department of Community Development,
City of Allen, One Butler Circle, Allen.
Texas, or by telephoning 727-0120.
/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
Ordinance 41473-11-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
November 27 & November 30, 1996
and which was issued on
November 27, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said pu ' ation is attached hereto.
SUBSCRIBED AND ORN to before me this
S Gt/ day A.D. 19 7
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee 5 6 0. 4 8
I:moi fy�^ V. A. TODD
�- MY COMMISSION EXPIRES
December 5, 2000
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 Compre-
hensive Zoning Ordinance No. 1425-5-96
of the City of Allen, as heretofore amend-
ed, 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, Cityof 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, November 21, 1996 (Title and
Penalty Clause only):
Ordinance No. 1473-11-96: An
Or Ufinance —o -Ft h—e— -C1ty o en, o I I i n
County, Texas, Amending Comprehen-
sive Zoning Ordinance No. 1425-5-96, as
Previously Amended, so as to Change
the Zoning From Agriculture Open Space
(AO) to Planned Development No. 59 on
the Following Described Tract of Land:
128.365 Acres of Land Located in the
Simon Burns ,Survey, Abstract No. 92,
City of Allen, Collin County, Texas,
Providing for Exhibit "A" Land Use Plan;
Providing for Exhibit "B" Area and Use
Regulations; Providing for Exhibit "C"
Legal Description; Providing for a Penalty
:)f Fine not to Exceed the Sdm of Two
Thousand Dollars ($2,000) for Each Of-
`ense; 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
his ordinance shall be subject to the
Same penalty as provided for in Compre-
iensive Zoning Ordinance No. 1425-5-96
)f the City of Allen, as heretofore amend -
W, and upon conviction shall be punished
>y a fine not to exceed the sum of Two
Fhousand Dollars ($2,000) for each
)fferise.
A copy of this ordinance may be read
)r purchased in the office of the City
secretary, City of Allen, One Butler Circle,
Wen, Texas 75013.
if /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, November 21, 1996 (Title and
Penalty Clause only):
Ordinance No. 1473-11-96: An
Or mance o th—e--Ci y o en, ollin
County, Texas, Amending Comprehen-
sive Zoning Ordinance No. 1425-5-96, as
Previously Amended, so as to Change
the Zoning From Agriculture Open Space
(AO) to Planned Development No. 59 on
the.Following Described Tract of Land:
128.365 Acres.of Land Located in the
Simon Berns Survey, Abstract No. 92,
City of Allen, Collin County, Texas,
Providing' for' Exhibit "A" Land Use Plan;
Providing for Exhibit "B" Area and Use
Regulations; Providing for Exhibit "C"
Legal Description; Providing for a Penalty
of Fine not'to Exceed the Sum of Two
Thousand Dollars ($2,000) for Each Of-
fense; Providing for a Severability Clause;
f—
and Providing for the Effective Date of