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Home My WebLink AboutO-1701-3-99ORDINANCE NO. 1701-3-99 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 AGRICULTURE -OPEN SPACE (AO) TO FLOODPLAIN PLANNED DEVELOPMENT -RESIDENTIAL -5 (R-5) BY APPROVING PLANNED FLOODPLAIN DEVELOPMENT—NO. 81 (FP -PD -NO. 81) FOR 32.152 ACRES IN THE HENRY BRANDENBURG SURVEY, ABSTRACT NO. 110, AND THE J. W. PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT f1A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AND CONCEPT PLAN ATTACHED HERETO AS EXHIBITS 1B" AND EXHIBIT f1C", 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 OF SAID ORDINANCE. ' WHEREAS, the Planning and Zoning Conunission 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 revised. 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 in zoning from Agriculture -Open Space (AO) to Floodplain Planned Development -Residential -5 (R-5) by approving Floodplain Planned Development - Residential -5 (R -5) -No. 81 (FP -PD -R -5 -NO. 81) on the following -described tract of land: 32.152 acres in the Henry Brandenburg Survey, Abstract No. 110, J.W. Parsons Survey, Abstract 705, 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 attached hereto as Exhibit "B" and made part thereof for all purposes, and shall be developed in accordance with the Concept Plan attached hereto as Exhibit "C" and made a part hereof. 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. 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 TELE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON TEHS THE 18TH DAY OF MAPCti '1999. APPROVED: A40, e-cr LStephen Terrell, MAYOR APPRO17ED AS TO FORM ATTEST: P r G. Smith, ciTir ATTORNEY Jiffily Mo n, CMC, CITY SECRETARY Ordinance No. 1701-3-99 Page 2 LEGAL DESCRIPTION ' TRACT ONE 10.7189 ACRES BEINGa tract of land out of the J.W. PARSON SURVEY, Abstract No. 705 and the H. BRANDENBURG SURVEY, Abstract No. 110 in the City of Allen, Collin County, Texas and being all of the 10.7179 acre tract of land described as Tract 1 in deed to Wolfe Employees Pension Plan, recorded in Volume 3194, Page 844 of the Land Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2' iron rod found for the southeast corner of the beforementioned 10.7179 acre tract and the northeast corner of the 10.7179 acre tract of land described in deed to Carolyn Melton Fitz -Gerald, recorded in Volume 1496, Page 528 of the Land Records of Collin County, Texas, from which a 5/8" iron rod set with a red plastic cap stamped 'PBS&J INC' (hereinafter called a 518' iron rod set) for the southeast corner of the 10.7178 acre tract of land described as Tract 2 in deed to Wolfe Employees Pension Plan, recorded in Volume 3194, Page 844 of the Land Records of Collin County, Texas and the northeast corner of the 100.035 acre tract of land described in deed to Briar Ridge Investment Inc., recorded in Collin County Clerk's File No. 92-0019155 of the Land Records of Collin County, Texas beers South 00139'34' East, a distance of 143.86 feet; THENCE with north line of the said Carolyn Melton Fitz -Gerald 10.7179 acre tract, South 88'56'00' West, a distance of 4522.21 feet to a 112" iron rod found in the center of asphalt road known as City Road 146 for the southwest corner of the Wolfe Employees Pension Plan 10.7179 acre tract ' and the northwest corner of the Carolyn Melton Fitz -Gerald 10.7179 acre tract; THENCE with the center of said city road with the west line of the said Wolfe Employees Pension Plan 10.7179 acre tract, North OOo55'35" West, a distance of 113.56 feet to a 1/2' iron rod found for the northwest corner of the said Wolfe Employees Pension Plan 10.7179 acre tract and the southwest corner of the 21.442 acre tract described in deed to William E. Campbell, Jr., Trustee, recorded in Volume 1482, Page 895 of the Land Records of Collin County, Texas; THENCE with the northlineof the Wolfe Employees Pension Plan 10.7179 acre tract, North 89011'41" East, a distance of 4522.64 feet to a 112" iron rod found for the northeast corner of the Wolfe Employees Pension Plan 10.7179 acre tract; THENCE with the east line of the said Wolfe Employees Pension Plan 10.7179 acre tract, South 00039'34" East, a distance of 92.93 feet to the POINT OF BEGINNING and containing 10.7189 acre tract of land. EXHIBIT A 010D NCE NO. 1701-3-99 LEGAL DESCRIPTION TRACT TWO 10.7118 ACRES BEINGa tract of land out of the J.W. PARSON SURVEY, Abstract No. 705 and the H. BRANDENBURG SURVEY, Abstract No. 110 in the City of Allen, Collin County, Texas and being all of the 10.7178 acre tract of land described as Tract 2 in deed to Wolfe Employees Pension Plan, recorded in Volume 3194, Page 844 of the Land Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for the southeast corner of the beforementioned 10.7178 acre tract and the northeast corner of the 100.035 acre tract of land described in deed to Briar Ridge Investment Inc., recorded in Collin County Clerk's File No. 92-0019155 of the Land Records of Collin County, Texas; THENCE with north line of the said 100.035 acre tract, South 8857'02" West, a distance of 1065.00 feet to a 2" iron pipe found for corner; THENCE continuing with north line of the said 100.035 acre tract, South 8829'43" West, a distance of 3457.34 feet to a 1/2" iron rod found in the center of asphalt road known as City RoadRoad 146 for northwest corner of the 100.035 acre tract, from which a 3/4" iron rod found for the westerly most southwest corner of the said 100.035 acre tract bears South 01°29'27" East, a distance of 562.06 feet; THENCE with the center of said city road with the west line of the saidWolfe Employees Pension Plan 10.7178 acre tract, North 00°55'35" West, a distance of 113.58 feet to a 1/2" iron rod found for the northwest corner of the said Wolfe Employees Pension Plan 10.717B acre tract and the southwest corner of the 10.7179 acre tract of land described in deed to CarolynMelton Fitz -Gerald, recorded in Volume 1496, Page 528 of the Land Records of Collin County, Texas; THENCE with the north line of the Carolyn Melton Fitz -Gerald 10.7179 acre tract, North 88°40'22" East, a distance of 4521.88 feet to a 5/8" iron rod found for the southeast corner of the CarolyrMelton Fritz -Gerald 10.7179 acre tract and the northeast corner of theWolfe Employees Pension Plan 10.7178 acre tract; THENCE with the east line of the said Wolfe Employees Pension Plan 10.7178 acre tract, South 00°39'34" East, a distance of 70.86 feet to the POINT OF BEGINNING and containing 10.7118 acre tract of land. M:V0a\980 1MG\10.711 EXHIBIT A ORDINANCE NO. 1701-3-99 ' LEGAL DESCRIPTION 10.7213 ACRES BEINGa tract of land out of the J.W. PARSON SURVEY, Abstract No. 705 and the H. BRANDENBURG SURVEY, Abstract No. 110 in the City of Allen, Collin County, Texas and being all of the 10.7179 acre tract of land described in deed to Carolyn Melton Fritz -Gerald, recorded in Volume 1496, Page 528 of the Land Records of Collin County, Texas, Texas and being more particularly described as follows: BEGINNING at a 1/2' iron rod found for the southeast corner of the beforementioned 10.7179 acre tract and the northeast corner of 10.7178 acre tract of land described as Tract 2 in deed to Wolfe Employees Pension Plan, recorded in Volume 3194, Page 844 of the Land Records of Collin County, from which a 5/8" iron rod set with a red plastic cap stamped'PBS&J INC' (hereinafter called a 5/8" iron rod set) for the southeast corner of the said Wolfe Employees Pension Plan 10.7178 acre tract and the northeast corner of the 100.035 acre tract of land described in deed to Briar Ridge Investment Inc., recorded in Collin County Clerk's File No. 92-0019155 of the Land Records of Collin County, Texas bears South 00°39'34" East, a distance of 70.86 feet; THENCE with north line of the said Wolfe Employees Pension Plan 10.7178 acre tract, South 8840'22" West, a distance of 4521.88 feet to a 1/2" iron rod found In the center of asphalt road known as City Road 146 for the northwest corner of the Wolfe Employees Pension Plan 10.7179 acre tract and the southwest corner of the Carolyn Melton Fitz -Gerald 10.7179 acre tract; THENCE with the center of said city road with the west line of the said Carolyn Melton Fitz -Gerald 10.7179 acre tract, North 00155'35" West, a distance of 113.56 feet to a 1/2" iron rod found for the northwest corner of the said Carolyn Melton Fitz -Gerald 10.7179 acre tract and the southwest corner of the 10.7179 acre tract described as Tract 1 in deed to Wolfe Employees Pension Plan, recorded in Volume 3194, Page 844 of the Land Records of Collin County, Taxes; THENCE with the south line of the said Wolfe Employees Pension Plan 10.7179 acre tract, North 88056'00" East, a distance of 4522.21 feet to a 1/2" iron rod found for the southeast corner of the Wolfe Employees Pension Plan 10.7179 acre tract and the northeast corner of the Carolyn Melton Fitz - Gerald 10.7179 acre tract; THENCE with the east line of the said Carolyn Melton Fitz -Gerald 10.7179 acre tract, South 0039'34' East, a distance of 93.00 feet to the POINT OF BEGINNING and containing 10.7213 acre tract of land. MNOBWr06100a 10= EXHIBIT A ORDnQNCE NO. 1701-3-99 ' EXHIBIT B PLANNED DEVELOPMENT DISTRICT REGULATIONS FOR THE FITZ-GERALD/WOLF TRACTS Revised March 17, 1999 A. Concept Plan: The property shall be developed in accordance with the Concept Plan which shall be attached to and made a part of this ordinance. B. Base Zoning District: 1. This tract shall be zoned FP -PD R-5, and shall be developed in accordance with Section 3.01 (E) R-5 Single Family District Regulations, of the City of Allen Comprehensive Zoning Ordinance, as currently exists or may be amended, except as amended herein: a. The first row of lots immediately adjacent to the flood plain shall have a minimum area of nine thousand (9,000) square feet. b. The second row of lots adjacent to the flood plain shall have a minimum area of eight thousand (8,000) square feet. C. The balance of the lots shall have a minimum area of seven thousand five hundred (7,500) square feet. d. Lots shall not back up to the flood plain areas; however, lots may side to the ' flood plain areas. C. Open Space: Open space as required within the Planned Development District (one acre per 75 dwelling units) shall be identified and located at the time of platting. D. Facilities Agreement: A facilities agreement shall be entered into between the developer and the City of Allen prior to approval of any plat on the property. E. Thoroughfare: All rights-of-way that are required to serve adjacent properties shall be dedicated at the time of final platting of those properties. F. Flood Plain: Flood plain areas shall be designated and dedicated to the City of Allen at the time of final platting. G. Residential Street Connections: Residential street connections shall be provided to adjacent subdivisions as indicated on the attached concept plan. The actual locations of these street connections shall be determined at the time of platting. H. There shall be a single loaded street adjacent to the flood plain. Ordinance No. 1701-3-99 Page 6 rs k