The URL can be used to link to this page

Home My WebLink AboutO-1736-6-99ORDINANCE NO. 1736-6-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM (AO) AGRICULTURE -OPEN SPACE TO PLANNED DEVELOPMENT FOR "R-6" SINGLE FAMILY RESIDENTIAL AND COMMUNITY FACILITIES DISTRICT USES BY APPROVING PLANNED DEVELOPMENT NO. 83 (PD-NO.83) FOR 203.39 ACRES IN THE W. FISHER SURVEY, ABSTRACT NO. 323, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT STANDARDS, ZONING EXHIBIT, CONCEPT PLAN, AND A LANDSCAPE/SCREENING PLAN FOR ANGEL PARKWAY ATTACHED HERETO AS EXHIBITS "B" "C", "D", AND "E", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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 Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning from (AO) Agriculture - Open Space to Planned Development for "R-6" Single Family Residential and "CF" Community Facilities District Uses, by approving Planned Development No. 83 (PD-No.83) on the following -described tract of land: 203.39 acres in the W. Fisher Survey, Abstract No. 323, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Development Regulations, Zoning Exhibit, Concept Plan, and a Landscape/Screening Plan for Angel Parkway attached hereto as Exhibits "B" "C", "D", and "E", respectively, and trade a part hereof 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. That 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 S. That this ordinance shall take effect immediately from and after is 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 TIIE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17m DAY OF JUNE, 1999. APPROVED: ' Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: .&d4 S274ho c PRer G. Smith, CFY ATTORNEY JWdy Mo n, CMC, CITY SECRETARY H Ordinance No. 1736-6-99 Paget LEGAL DESCRIPTION TRACT 1 203.39 ACRES BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the W. FISHER SURVEY, ABSTRACT NO. 323., and being all of that tract of land described as the FOURTH TRACT in a deed to Charles Allen Angel, Jr. from Mrs. Grace Davis Angel dated April 26, 1966 as recorded in Volume 672, Page 395, Collin County Deed Records, and being further described as follows: BEGINNING at an iron rod found at the southwest corner of said Angel tract of land, said point being in the center of Malone Road; THENCE North 00 degrees 11 minutes 07 seconds West, 3286.36 feet along the center of Malone Road to an iron rod found at the northwest corner of said Angel tract of land; THENCE along the north line of said Angel tract of land as follows: South. 89 degrees 37 minutes 54 seconds East, 2348.22 feet to an iron rod found for corner; North 00 degrees 13 minutes 33 seconds West, 375.39 feet to an iron rod found for corner; South 89 degrees 58 minutes 33 seconds East, 329.87 feet to an iron rod found at the northeast corner of said Angel tract of land; THENCE along the east line of said Angel tract of land as follows: South 00 degrees 47 minutes 53 seconds West, 749.86 feet to an iron rod found for corner; South 00 degrees 11 minutes 07 seconds West, 2915.08 feet to an iron rod found at the.southeast corner of said Angel tract of land; THENCE along the south line of said Angel tract of land as follows: North 89 degrees 51 minutes 38 seconds West, 607.19 feet to an iron rod found for corner; North 89 degrees 31 minutes 32 seconds West, 2038.95 feet to the POINT OF BEGINNING and containing 203.39 acres of land. EXHIBIT A Ordinance No. 1736-6-99 DEVELOPMENTSTANDARDS ' ANGELTRACT Revised June 17,1999 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. Tracts 1 and 2 shall be developed and used only in accordance with the "R-5" Single Family Residential District regulations, 2. The tots adjacent to the eastern property line shall be a minimum of 14,000 square feet. The minimum dwelling size shall be 1,800 square feet. There shall be a maximum of 290 lots. 3. Tract 3 shall be developed in accordance with the "CF" Community Facilities District regulations, for a public, community park. 4. Tract 3a, as shown on the Concept Plan, shall be developed and used only in accordance with the "CF" Community Facilities District regulations, for a private open space area. C. Open Space I . There shall be a minimum of 8.89 acres of open space within Tract 2 of this PD that shall be provided as indicated on the Concept Plan. This area ' encompasses the treed area and the 50 -foot buffer (NTMWD easement) linear trail along the east property line. a. Within this open space area the existing trees shall be preserved to the extent possible. b. The rear lot line of lots adjacent to and lots siding to the open spaceltrail area shall be fenced with a consistent decorative metal fence. C. The 50 -foot buffer area shall contain a hike and bike trail to allow pedestrian access to the community park. 1 2. Tract 3a, which contains 2.23 acres, shall be a private open space area, which shall be owned and maintained by a Home Owners Association (HOA). a. When the existing ROW for Malone Road is abandoned it will be made available to adjacent property owners. In the event that existing homeowners do not acquire the resultant tracts of land this land will become a part of Tract 3a, to be maintained by the Homeowners Association of this development. EXHIBIT B 1 OF 2 Ordinance No. 1736-6-99 ' D. Home Owners Association: 1. Prior to final plat approval, Home Owner Association documents and appropriate declaration of covenants and restrictions shall be submitted to the City for review and approval. E. Screening and Landscaping along F.M. 2551: 1. A 10 -foot landscape buffer consisting of a meandering sidewalk, berms, grass, and trees planted at a ratio of one three inch caliper tree per 50 -feet of frontage shall be provided along proposed Angel Parkway, and shall be landscaped in accordance with the Concept and Landscape Plans. 2. A six-foot solid masonry wall shall be constructed and maintained along Angel Parkway (F.M. 2551). The elevation of this wall shall be modified to include design elements to break-up the expanse and provide architectural relief. The revised fence elevation shall be submitted for staff review prior to approval of the final plat of the first phase of development. F. Alleys: 1. Alleys shall not be constructed adjacent to F.M. 2551 or any open space areas. G. Thoroughfares: 1. At the time of platting, right-of-way for F.M. 2551 and the realignment of Malone Road shall be dedicated. H. Facilities Agreement: 1. Prior to the filing of the first final plat within this PD, a facilities agreement shall be executed with the City and the property owner. Prior to the platting of the property, the extension of F.M. 2551 (Angel Parkway) will be named. ' EXHIBIT B 2OF2 Ordinance No. 1736-6-99 z s wW w�� — -- A i i yyI d I W]opgp s zzwa • .t I z z C7 I R hs P. $y E NQ d �_ d °3 yy d Boll b � s — -- A i i dill Ii f 'I !'•'! i Burr nyr all�I1!INI I •'ii•ttlP.ifPP'i{1'•i{' iRlllrllPfl,l(.PI� -z- a� a aeg a R R U z lip i1 111 L9 z ale a aaE$ Faa aoa. ^:2 W4. g; U R�I7 U z� d sp