The URL can be used to link to this page

Home My WebLink AboutO-1773-9-99ORDINANCE NO. 1773-9-99 AN ORDINANCE OF THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THIN COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM AGRICULTURE -OPEN SPACE TO PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY RESIDENTIAL AND COMMUNITY FACILITY USES BY APPROVING PLANNED DEVELOPMENT DISTRICT NO. 85, FOR 110.7 ACRES IN THE J. MILLER SURVEY, ABSTRACT NO. 609, AND G. FITZHUGH SURVEY, ABSTRACT 320, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS, AND CONCEPT PLAN, ATTACHED HERETO AS EXHIBITS "B" AND "C" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, be amended by granting a change in zoning for Agriculture -Open Space (AO) to Planned Development for Single Family Residential and Community Facility uses by approving Planned Development No. 85, for the following -described tract of land: 110.7 acres in the J. Miller Survey, Abstract No. 609, and the G. Fitzhugh Survey, Abstract No. 320, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a pan hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Development Regulations, and with the Concept Plan, attached hereto as Exhibits "B" and "C" respectively, which are hereby approved, and made part thereof for all purposes. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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. SECTIONS. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or ' unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 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. 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) for each offense. SECTION 8. That this ordinance shall take effect inunediately 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 CrrY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16TH DAY OF SEPTEMBER, 1999. APPROVED: ' Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: 7 �� GCLy er G. Smith, C ATT Y Judy Mo n, CMC, CITY SECRETARY OrdinanceNe. 1773-9-99 Page ' METES & BOUNDS DESCRIPTION 110.7025 ACRE TRACT Being a tract or parcel of land situated in the City of Allen, Collin County, Texas and being part of the George Fitzhugh Survey, Abstract Number 320 and a part of the John J. Miller Survey, Abstract Number 609 and also being a portion of that certain tract of land conveyed to Harlin G. Lynn by deed recorded in Volume 1177, Page 357 of the Deed Records of Collin County, Texas, and a part of that 53.966 acre tract conveyed to Southern Methodist University by deed recorded in Volume 1014, Page 705 of the Deed Records of Collin County, Texas and being mora particularly described as follows: BEGINNING at an iron rod round for comer in the southerly right-of-way of Stacy Road (variable width) said point being the most southeasterly comer of a tract of land conveyed to the State of Texas and referred to as Parcel Number 45 by deed recorded in Volume 1623, Page 599 of the Deed Records of Collin County, Texas, said point also being in the westerly line of a tract of land conveyed to William D. Homaday and wife, Barbara, by deed record in Volume 1247, Page 355 of the Deed Records of Collin County, Texas; THENCE South 08 24' 38" East along the westerly line of said tract and along the easterly line of the said Lynn tract a distance of 1.00 feet to an von rod found at an angle point; THENCE South 02 17' 52" East continuing along the said westerly line of the Homaday tract ' and the easterly line of the Lynn tract a distance of 125.97 feet to an iron rod found for angle point; THENCE South 00 16' 10" East continuing along the said westerly line of the Homaday tract and the easterly line of the Lynn tract a distance of 308.65 feet to an iron rod found for angle point; THENCE South 00 52' 29" East continuing along said westerly line of the Homaday tract and the easterly line of said Lynn tract a distance of 588.10 feet to an iron rod found at the most southwesterly comer of said Homaday tract; THENCE South 00 23' 51" East along the westerly line of a 66 '/4 acre tract of land conveyed to E.S. Smith by deed recorded in Volume 404, Page 25 of the Deed Records of Collin County, Texas, and along the easterly line of said Lynn Tract a distance of 1375.51 feet to an iron rod found for corner, said rod being the most northeasterly comer of Forest Grove Estates as recorded in Volume 768, Page 197 of the Collin County Records; THENCE South 89 41' 14" West along a fence and along the most northerly line of said Forest Grove Estates and along the south line of the said Lynn tract a distance of 1,057.52 feet to an axle found for corner at the southwest comer of said 53.966 acre Southern Methodist University tract; THENCE North 89 48' 23" West along the southerly line of said 53.966 acre tract a distance of 884.95 to an iron rod found for comer; Ordinance No. 1773-9-99 EXHIBIT A 1 of 2 ' THENCE North 00 31' 30" West along the westerly line of said 53.966 acre tract a distance of 2,127.56 feet to an iron rod found for angle point; F THENCE North 00 24' 26" West along the westerly line of said 53.966 acre tract a distance of 440.70 feet to an von rod found in the southerly line of Stacy Road as conveyed to the State of Texas as Parcel No. 21 recorded in Volume 1563, Page 677 of the Deed Records of Collin County, Texas; THENCE in an easterly direction along the southerly fine of said Stacy Road and Parcel No. 21 and along a curve to the right whose tangent bears South 85 57' 04" East having a radius of 2,864.79 feet, a central angle of 00 51' 46" and an arc length of 43.14 feet to an iron rod found at the end of said curve to the right; THENCE South 85 05' 19" East continuing along said southerly line of Stacy Road and Parcel No. 21 a distance of 472.58 feet to an iron rod found at an angle point; THENCE South 82 56' 28" East continuing along said southerly line of Stacy Road and Parcel No. 21 a distance of 378.06 feet to an von rod found at the southeast comer of said Parcel No. 21 and the southwest corner of said Parcel No. 45; THENCE South 84 52' 26" East along the southerly line of Stacy Road and the said Parcel No. 45 a distance of 222.21 feet to an iron rod found at an angle point; THENCE South 87 14' 10" East continuing along said southerly line of Stacy Road and Parcel No. 45 a distance of 400.28 feet to an iron rod found at an angle point; THENCE South 85 05' 19" East continuing along said southerly line of Stacy Road and Parcel No. 45 a distance of 431.32 feet to the POINT OF BEGINNING and containing 4,822,199 square feet more or less or 110.7025 acres. Ordinance No. 1773-9-99 EXHIBIT A 2of2 ' DEVELOPMENT REGULATIONS PAXTON TRACT REVISED AUGUST 25,1999 A. Concept Plan: The property shall be developed in accordance with the Concept Plan made a part of the ordinance. B. Base Zoning Districts: 1. Except as otherwise provided, Tract 1 shall be developed and used in accordance with the R4 Single -Family Residential District Regulations. The minimum lot size shall be 9,000 square feet. There shall be a maximum of 197 lots. a) Permitted Uses: single-family, detached dwellings with allowed incidental and accessory uses. 2. Except as otherwise provided, Tract 2 shall be developed and used in accordance with the R-3 Single -Family Residential District Regulations. The minimum lot size shall be 12,000 square feet. There shall be a maximum of 29 lots. a) Permitted Uses: single-family, detached dwellings with allowed ' incidental and accessory uses. 3. Except as otherwise provided, Tract 3 shall be developed and used in accordance with the R-2 Single -Family Residential District Regulations. The minimum lot size shall be 40,000 square feet. There shall be a maximum of 11 lots. a) Permitted Uses: single-family, detached dwellings with allowed incidental and accessory uses. 4. Except as otherwise provided Tract 4 shall be developed and used in accordance with the CF Community Facilities District Regulations and shall be developed for a public park. a) Permitted Uses: public park. C. Open Space: There shall be open space within the PD as indicated on the Concept Plan. The open space area shall comprise not less than one (1) acre for each seventy-five (75) lots based on the final plat. The required open space shall be located at the comers of the PD where tree cover is heaviest. These areas will be enhanced by landscaping and used as entrance landscape features. Open space shall also be provided along the southern portion of the Tract 5. D. Homeowners Association: Prior to final plat approval, Homeowner Association documents and appropriate declaration of covenants and restrictions shall be submitted to the City for review and approval. EXHIBIT B Page 1 of 2 Ordinance No. 1773-9-99 DEVELOPMENT REGULATIONS PAXTON TRACT REVISEDAUGUST 25, 1999 E. Screening and Landscaping along Stacy Road: A ten -(10) foot landscape buffer shall be provided adjacent to the proposed Stacy Road and shall be landscaped with berms, grass and trees planted at a ratio of one (1) three - (3) inch caliper tree per fifty (50) feet of frontage. 2. A six -(6) foot solid masonry wall shall be constructed and maintained adjacent to the proposed Stacy Road. This wall shall have architectural enhancements to break up the expanse of masonry. Alleys: Alleys shall not be constructed adjacent to Stacy Road or open space areas. G. Facilities Agreement: Prior to recording the approval of the fast final plat for the PD or any portion thereof, a Facilities Agreement shall be executed between the City and the property owner for improvements to Stacy Road and the regional lift station. ' H. Collector Street: The east -west collector street shall be realigned to assure its continuation between FM 1378 and Malone Road The curve radii for the east -west residential collector street shall be generally as indicated on the Concept Plan and will meet the minimum A.A.S.H.T.O. Standards, as approved by the City Engineer. The alignment of this road will be determined at the time of platting. Zoning boundaries may be adjusted to conform to the centerline of the road. A three -(3) foot berm will be constructed along the east property line adjacent to the estate lots in the Town of Fairview. EXHIBIT B Page 2 of 2 Ordinan a No. 1773-9-99 $Q fi