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Home My WebLink AboutO-1699-3-99ORDINANCE NO. 1b99-3-99 ' 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 IN ZONING FROM PLANNED DEVELOPMENT NO. 25 AND AGRICULTURE -OPEN SPACE (AO) TO PLANNED DEVELOPMENT DISTRICT SINGLE FAMILY BY APPROVING PLANNED DEVELOPMENT NO. 80 FOR 43.79 ACRES IN THE JAMES ROBERTS SURVEY, ABSTRACT NO. 777, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; APPROVING THE DEVELOPMENT REGULATIONS AND CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B" AND EXHIBIT "C" 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 ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE 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 a full and fav 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, the City Council has 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, as previously amended, be amended by granting a change in zoning from Planned Development No. 25 and Agriculture -Open Space (AO) to Planned Development District - Single Family No. 80 on the following -described tract of land: 43.79 acres in the lames Roberts Survey, Abstract No. 777, 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 approved hereby and attached to as Exhibit "B" and made part thereof for all purposes, and shall be developed in accordance with the Concept Plan approved hereby and attached hereto as Exhibit "C" and made 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 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. 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 tiffs 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. That this ordinance shall take effect immediately from and atter 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 CTTY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 18THDAY OF MARCS; '1999. APPROVED: ' Stephen T rre6, MAYO APPROVED AS TO FORM ATTEST: 77 G0.I, io �. Peter G. ATTORNEY Jrudy Mo n, CMC, CITY SECRETARY Ordinance No. 1b99-3-99 Page 2 LEGAL DESCRIPTION ' All that certain 33.027 acre tract or parcel of tend situated in the James T. Roberts Survey, Abstract Number 777, Collin County, Texas; said tract being part of a 47.2 acre tract shown by deed to M. F. Bishop, recorded in Volume 514, page 531, Deed Records, Collin County, Texas, and being more particularly described as follows: Beginning for the northwest corner of this tract at an iron pin and at the northwest corner of said Bishop tract, said iron pin also being the northwest comer of the tract being described herein, and shown by deed to James w. Fair and recorded in Volume 1260, page 577, Deed Records, Collin County, Texas, and being more fully described as follows: Thence North 89 degrees 37 minutes 45 seconds East with the north line of said Fair tract and Bishop tract for a distance of 947.49 feet to an iron pin; Thence with said north line North 89 degrees 55 minutes 00 seconds East, a distance of 375.15 feet to an iron pin for comer; Thence with the east line of said 47.2 acre tract, South 0 degrees 10 minutes 56 seconds East, a distance of 1252.32 feet to a found iron pipe marking the northeast comer of a 2.066 acre parcel described by deed recorded in Volume 586, Page 578 of the Collin County Deed Records; Thence with the north line of said 2.066 acre parcel, North 89 degrees 50 minutes 08 seconds West, a distance of 374.55 feet to a found iron pipe marking the northwest corner of a 0.517 acre parcel described by deed recorded in Volume 689, Page 755 of the Collin County Deed Records; Thence South 00 degrees 09 minutes 18 seconds West with the east line of said Fair tract a distance of 303.80 feet to an iron pin for the southeast comer of said tract; Thence North 89 degrees 56 minutes 06 seconds West with the south line of said Fair tract a distance of 799.26 feel to an iron pin for corner; Thence North 00 degrees 46 minutes 38 seconds East a distance of 264.40 feet to an iron pin for corner; Thence North 89 degrees 56 minutes 06 seconds West a distance of 165.0 feet to an iron pin for corner; Thence North 00 degrees 46 minutes 38 seconds East with the west line of said Fair tract and the west line of said Bishop tract a distance of 1283.01 feet to the Point of Beginning ' and containing 43.79 acres of land. EXHIBIT A Ordmance No. 1699-3-99 EXHIBIT B PLANNED DEVELOPMENT DISTRICT CONDITIONS ALLEN HEIGHTS, NORTH OF EXCHANGE March 18, 1999 A. Concept Plan: The property shall be developed in accordance with the Concept Plan which shall be attached to and made apart of the ordinance. B. Base Zoning Districts: 1. Tract 1 shall be developed in accordance with the R-4 District, and shall have a maximum of 12 lots. 2. Tract 2 shall be developed in accordance with the R-5 District, and shall contain a maximum of 12 lots. 3. Tract 3 shall be developed in accordance with the R-6 District, and shall contain a maximum of 139 lots. C. Open Space: 1. Open Space shall be provided at a ratio of one acre per 75 dwelling units, with a minimum of 2.34 acres being provided, not including any right-of-way (parkway area) as indicated on the attached Concept Plan. 2. This open space shall contain landscaping and passive recreation areas. 3. As illustrated on the Concept Plan, there shall be a meandering sidewalk that shaft meander within the private property and public right-of-way. When on private property, the sidewalk will be placed in a pedestrian easement. D. Screening: 1. A six-foot solid masonry screening wall shall be provided along Exchange Parkway and portions of Allen Heights as indicated on the Concept Plan. 2. An earthen berm a with a minimum of height of three feet shall be placed along Alen Heights Drive. Where lots are siding the right-of-way there shall be a minimum of throe inch caliper trees on 15 foot centers placed on top of the berm. There shall be hedges placed on berm between the trees in such a matter as to provide complete screening within two years of planting. 3. A Landscape Plan of the open space area shall be approved with the preliminary plat. E. Thoroughfares: 1. Allen Heights — At the time of platting, 3.07 acres will be dedicated for the right-of-way for Allen Heights. Ordinance No. 1699-3-99 Page 4 2. Exchange Parkway - At the time of platting, 0.97 acres will be dedicated for the right- of-way for Exchange Parkway. 3. These thoroughfares will be constructed to City standards at the time of development. 4. There shall be one median opening on Allen Heights and one median opening on Exchange Parkway as indicated on the Concept Plan. F. Home Owners Association Prior to final plat approval, the property owner association documents and appropriate declaration of covenants and restrictions shall be submitted to the city for review and approval. G. Street Connections Providence Drive will be extended from the Allen North Addition through this subdivision to Allen Heights. I2. A street shall be stubbed out to the eastern property line to allow for a connection to the proposed subdivision to the east (Parkland Heights). H. Acreage may vary 0.1 of an acre based on final engineering and survey work. ' Exhibit B (cont.) Ordinance No. 1699-3-99 / » I I ; \&LI ) B &