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Home My WebLink AboutO-1715-4-99ORDINANCE NO. 1715-4-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE OF ZONING FROM AGRICULTURE -OPEN SPACE (A-0) TO PLANNED DEVELOPMENT FOR R-2 SINGLE FAMILY RESIDENTIAL USES BY AMENDING PLANNED DEVELOPMENT NO. 75, ORDINANCE NO. 1650-11-98, TO ADD 2.249 ACRES IN THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 320, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS, LAND USE PLAN, CONCEPT PLAN, AND OPEN SPACE PLAN ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E" RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 THE 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, THAT: SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change of zoning from Agriculture -Open Space (A-0) to Planned Development for R-2 Single Family Residential Uses by amending Planned Development No. 75, Ordinance No. 1650-11- 98 to add the following -described tract of land: 2.249 acres in the George Fitzhugh Survey, Abstract No. 320, 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. The property shall be developed and used only in accordance with the Development Regulations, Land Use Plan, Concept Plan, and Open Space Plan attached hereto as Exhibits "B", "C", "D", and "E", and made a part hereof for all purposes. SECTION 3. 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 we hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. 1 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 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, COLLIN COUNTY, TEXAS, ON THIS TILE 15th DAY OF April '1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter C. Smith, CrrYATTOPNEY J Moro on, CMC, CITY SECRETARY Ordinance No. 1715-4-99 Paget ' LEGAL DESCRIPTION BEING, a tract of land situated in the Gabe Fitzhugh Survey, AbstractNo.320, in the City of Allen, Collin County, Texas, being pari of a 6 acre tract, as described in Volume 880, Page 203, and a 0.568 acre tract, as described in Clerks File No.95-0083288, in the Deed Records of Collin County, Texas, being more particularly described as follows: BEGINNING, at a %: inch iron rod found at the common southwest comer fo the 6 acre tract and the 0.568 acre tract; THENCE, North 11 057'26" West, with the west line of the 6 acre tract for a distance of 301.95 feet to a 3/8 inch iron rod found at the northwest comer of the 6 acre tract; THENCE, South 89°27'26" East, with the north line of the 6 acre tract for a distance of 356.91 feet; THENCE, South 90°00'00" East, departing said north line for a distance of 308.32 feet to the south line of said 0.568 acre tract; THENCE, North 86°49'45" West, with the south line of the 0.568 acre tract for a distance of 294.79 feet to the POINT OF BEGINNING and containing 97,983 square feet or 2.249 acres of land. EXHIBIT A Ordinance No. 17154-99 USE AND AREA REGULATIONS ' FP -PD -SF 1. USES: This tract shall be developed for single family, detached dwellings and other permitted uses in accordance with the "R-2" Single Family Residential District Regulations, Section 3.01 (B) of the City of Allen Comprehensive Zoning Ordinance except as modified herein. 2. DENSITY: The maximum number of all units shall not exceed 139 units. 3. LOT AREA: The minimum lot area shall be in accordance with the "R-2" Single Family Residential District Regulations, Section 3.01 (B) of the City of Allen Comprehensive Zoning Ordinance, except as provided below and illustrated on the attached Land Use Plan. a) Minimum lot size shall be 40,000 square feet along the southern border and northwestern border (not adjacent to the Lovejoy Independent School District) and the western border. b) Minimum lot size of 18,000 square feet along the remaining perimeter of the property. c) All lots internal to the site shall have a minimum lot size of 12,000 square feet. ' 4. LOT WIDTH: The minimum lot width shall be 80 feet which is in accordance with the "R-3" Single Family Residential District Regulations, Section 3.01 (C) of the City of Allen Comprehensive Zoning Ordinance, except cul-de-sac lots, may have a minimum lot width of 70 feet at the building line. 5. LOT DEPTH: The depth of lot shall be 120 feet, in accordance with the "R-2" Single Family Residential District Regulations, Section 3.01 (B) of the City of Allen Comprehensive Zoning Ordinance. 6. MINIMUM BUILDING SIZE: The minimum floor area of any dwelling shall be two thousand (2,000) square feet exclusive of garages, breeze ways and porches, in accordance with the "R-2" Single Family Residential District Regulations, Section 3.01 (B) of the City of Allen Comprehensive Zoning Ordinance. 7. DEVELOPMENT REGULATIONS: All other uses, height, and building regulations are as outlined in the"R-2" Single Family Residential District Regulations: a) Front yard: There shall be a minimum front yard having a depth of not less than 30 feet. ' EXHIBIT B Ordinance No. 1715-4-99 ' b) Side yard: There shall be a side yard on each side of the lot having a width of not less than ten (10) per cent of the lot width. A side yard adjacent to a side street shall not be less than 15 feet. c) Rear Yard: There shall be a rear yard having a depth of not less than 25 feet. ' d) Height regulations: No building shall exceed 35 feet or 2 1/2 stories in height. e) Type of materials: All main residential buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 8. OPEN SPACE: There shall be a minimum of 2.0 acres of open space/landscaped area which shall be provided as illustrated on the Land Use Plan, and shall be maintained by the Homeowner's Association. 9. At the time of platting, Lovejoy ISD will approve access points. 10. A Facilities Agreement will be entered into between the developer and the City of Allen, prior to approval of a final plat on the property. ' 11. The attached Land Use Plan and Landscape Plan shall be attached to and made a part of the ordinance. 12. The flood plain area will be designated on the final plat. 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