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HomeMy WebLinkAboutO-1593-4-98ORDINANCE NO. 1593-4-98 AN ORDINANCE OF THE CITY OF ALIEK COILIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM AGRICULTURE -OPEN SPACE (A-0) TO FLOOD PLAIN PLANNED DEVELOPMENT NO. 65 (FP -PD NO. 65) ON THE FOLLOWING -DESCRIBED TRACT OF LAND, 191.79 ACRES OF LAND LOCATED IN THE D. B. HEARN SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COILTN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN WITH LEGAL DESCRIPTION; PROVIDING FOR EXHIBIT "B" AREA AND USE REGULATIONS WITH DEVELOPMENT STANDARDS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, and the govendng 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 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be revised; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby revised by changing the zoning from Agriculture -Open Space (A -O) to Flood Plain Planned Development No. 65 (FP -PD No. 65) on the following tract of land: a 191.79 acre tract of land located in the D. B. Heam Survey, Abstract No. 427, City of Allen, Collin County, Texas. SECTION 2. The approved land Use Plan with Legal Description and the Area and Use Regulations with Development Standards, attached hereto as Exhibits "A" and "B," respectively, are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 4: 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 ($2,000.00) for each offense. SECTIONS: It is hereby declared to be the intention of the City Council that the sections, ' paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or irrva0d by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. t SECTION 6: 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. L DULY PASSED AND APPROVED BY THE CM COUNCIL OF THE CITY OF ALLEN, TEXAS, ONTEE16THDAYOF APRIL ,1998. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM ATTEST: A. Don Crowder, CITY ATTORNEY i o CMC, CITY SECRETARY Ordinance No. 1593-4-98 Page 2 I Ordinance No. 1593-4-98 Exhibit "ti' PLANNED DEVELOPMENT NO. 65 STANDARDS The property may be developed under the regulations as outlined in Ordinance No. 1426-5-96 as it currently exists or may be amended subject to the following additional conditions: Use Regulations: A service station shall be a permitted use by Specific Use Permit in the Shopping Center District in Tract 5. Day Care Center for Children shall be the only permitted use within the Shopping Center District Tract 7. Area Regulations: 1. Minimum lot size for the R-7 District shall be 5,500 square feet. 2. Minimum lot size for the R-6 District shall be 6,900 square feet. 13. Minimum lot size for the R-5 District shall be 7,600 square feet. 4. Minimum lot size for lots directly adjacent to Malone Road and Chaparral Road shall be 7,500 square feet. General Regulations: 1. A maximum of 525 single family residential dwelling units shall be permitted. 2. Alleys shall not be required where single family lots abut floodplain, open space, park land or school property. 3. The proposed 4.66 acre city park (Tract 4) shall be dedicated to the City of Allen at the time of platting the property adjacent to the park. 4. The proposed city park shall be used to meet the requirements for open space within a planned development district. 5. There shall be street frontage along the northern boundary and southern boundary of the proposed city park. 6. Any land reclaimed from the flood plain on the east side of the proposed city park may only be used for the extension of the park. 7. At the time of platting, when required engineering and drainage studies are performed, a determination will be made as to the amount of flood plain needed for detention and the amount of land that will be dedicated to the City of Allen for flood plain and park land. 8. At the time of platting, the subdivision should be designed in such a manner to incorporate curvilinear street patterns and similar designs to offset the potential negative impacts of the high residential density. 9. The east/west collector street shall be constructed to standard width from Malone Road to F.M. 2551 prior to the development of the middle school, day care center or proposed city park, whichever occurs first. 10. Prior to submission of a preliminary plat on any portion of this property, the property owner(s) will enter into a facility agreement with the City of Allen to determine the timing and/or funding of the thoroughfare improvements adjacent to this property. 11. Compliance with the February 23, 1998, memo from Peter Tian regarding traffic recommendations, attached hereto.