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Home My WebLink AboutO-556-10-84ORDINANCE NO. 556-10-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF "R-2" RESIDENTIAL TO "R-5" RESIDENTIAL DISTRICT CLASSIFICATION, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 49.883 ACRES, MORE OR LESS, OUT OF THE PETER FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Planning and Zoning Commission of the City of Allen, and the City Council 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 Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following -described tract of land the following zoning classification, to -wit: That area be and the same is hereby zoned as "R-5" Residential District Classification: BEING a 49.883 acre tract of land out of the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being a part of that tract of land described in a deed to L.C. Richards, as recorded in Volume 291, Page 176 in the Deed Records of Collin County, Texas, and being particularly described as follows: BEGINNING at the Southwest corner of Fountain Park East Installment No. 2 as recorded in Volume B, Page 398, Plat Records, Collin County, Texas, an iron stake found for corner; Ordinance No. 556-10-84 - Page 1 THENCE S 890 48' 56" E, along the South boundary of Fountain Park East Installment No. 2, a distance of 1568.93 feet to an iron stake for corner; THENCE S 40 56' W, a distance of 678.27 feet to an iron stake for corner; THENCE S 300 14' 19" W, a distance of 263.21 feet to an iron stake found for corner; THENCE S 00 09' 39" E, a distance of 577.52 feet to an iron stake for corner; THENCE N 890 52' 16" W, passing at 929.39 feet, the Northeast corner of a 2+ acre tract being retained by the L.C. Richards Estate, and continuing a total distance of 1387.56 feet to an iron stake found for corner; THENCE N 00 18' 19" E, passing at 1087.30 feet, the Southeast corner of Fountain Park, Second Section, as recorded in Volume 8, Page 67, Plat Records of Collin County, Texas, and continuing a total distance of 1482.62 feet to the PLACE OF BEGINNING and containing 2,172,915 square feet or 49.883 acres of land. Section 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. Section 3. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein by granting of this zoning classification. Section 4. 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 the Comprehensive Zoning Ordinance of th City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. Section 5. That 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 invalid 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. Ordinance No. 556-10-84 - Page 2 Section 6. 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, this 18th day of OCTOBER , 1984. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: IM&AJa,,e Marty Hendrix, 4y Secretary APPROVED AS TO FORM: A. wder, City Attorney Ordinance No. 556-10-84 - Page 3 BASS & ASSOCIATES 5520 LBJ FREEWAY, SUITE 220 DALLAS, TEXAS 75240 October 12, 1984 Mayor Donald P. Rodenbaugh Members of the City Council City of Allen Re: Zoning request on approximately 50 acres of land located in the Peter Fisher Survey, Abstract No. 324, Collin County Texas. (Proposed Fountain Park #7) The 50 acre tract which is the subject of our zoning request represents the majority of the remaining Residential land between 2170 and Exchange Blvd. north to south, and Highway 5 and Allen Parkway east to west. It is a continuation of Bass Development Company's Fountain Park #6 (R-5 zoning district) on the west, Fountain Park #2 (R-4 zoning district) at the north west corner, Reed School and Reed Park on the north peremeter, and Fox & Jacobs' Timber Bend Addition and a drainage easement on the east. On the south is primarily General Business District Zoning all the way to 2170. However, there is a small 8.0 acre tract at the southwest corner which extends to 2170 that is also presently zoned R-2. Our request is for R-5 Residential zoning with deed restrictions to provide for a minimum of 1,600 sq. ft. of living area. We propose to plat the tract into typical 70 ft. lots, which is essentially the same as Fountain Park #6 lot sizes. Fountain Park #6 is also deed restricted to a minimum house size of 1600 sq. ft. The zoning we request is compatable and consistent with the other residential in the immediate vicinity. With 180 lots platted in our proposed zoning concept, we obtain 3.6 units per acre compared to 3.7 in Fountain Park #6. In the development of this tract we will be resolving an extensive amount of storm drainage for the area. With culverts extending into the addition from the Timber Bend Addition and enclosing all of the storm water from the west through our property, the cost is approximately 3%4 million dollars including reshaping of the channel and other related costs. Page Two. We have reduced the number of lots adjacent to the park to provide good access to the park and circulation through the addition. We propose to dedicate as part of the Park that portion north of the street which is not included in platted lots. It is planned that a street will be extended to 2170 to the south and intersect with the street in Fountain Park #6 to give complete access and traffic circulation. A copy of the voluntary deed restrictions which we propose is attached, along with plats for project identification, existing zoning and our concept plan. We believe Fountain Park #7 will be an excellant addition for the City and ask for your favorable consideration. Sincerely, _ M. H. Bass Applicant MHB/bb Attachments (Proposed) DEED RESTRICTIONS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That the undersigned, Stephen L. Goodman, is the owner of the following described property situated in Collin County, Texas, being in particular a tract of land out of the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being a part of that tract of land described in a deed to L. C. Richards, as recorded in Volume 291, Page 176 in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the Southwest corner of Fountain Park East Installment No. 2 as recorded in Volume B, Page 398, Plat Records, Collin County, Texas, an iron stake found for corner; THENCE S 890 487 56" E, along the South boundary of Fountain Park East Installment No. 2, a distance of 1568.93 feet to an iron stake for corner; THENCE S 40 56' W, a distance of 678.27 feet to an iron stake for corner; THENCE S 300 14' 19" W, a distance of 263.21 feet to an iron stake found for corner; THENCE S 00 09' 39" E, a distance of 577.52 feet to an iron stake for corner; THENCE N 890 52' 16" W, passing at 929.39 feet, the Northeast corner of a 2± acre tract being retained by the L. C. Richards Estate, and continuing a total dis- tance of 1387.56 feet to an iron stake found for corner; THENCE N 00 18' 19" E, passing at 1087.30 feet, the Southeast corner of Fountain Park, Second Section, as recorded in Volume 8, Page 67, Plat Records of Collin County, Texas, and continuing a total distance of 1482.62 feet to the PLACE OF BEGINNING and containing 2,172,915 square feet or 49.883 acres of land. 1 That the undersigned, Stephen L. Goodman, does hereby impress all of the following described property with the following deed restrictions, to -wit: "R-5" - Single Family Residential District: The minimum floor area of any dwelling shall be sixteen hundred (1,600) square feet, exclusive of garages, breezeways and porches. These restrictions shall continue in full force and effect for a period of twenty-five (25) years from the date of execution, and shall automatically be extended for additional periods of ten (10) years unless terminated in the manner specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Plan Commission and the City Council of the City of Allen. Notice of t such public hearings shall be given as would be required by law for a zoning change on the property described herein. The restrictions contained herein are not in any manner intended to restrict the right of the City Council of the City of Allen to exercise its legislative duties and powers insofar as zoning of the property is concerned. These restrictions inure to the benefit of the City of Allen, and the undersigned owner hereof does hereby grant to the City of Allen the right to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing and to correct such violation and for further remedy, the City of Allen may withhold the Certificate of Occupancy necessary for the lawful use of the property until such restrictions described herein are fully complied with. These restrictions are hereby declared covenants running with the land and shall be fully binding upon all persons acquiring property within the above described tract, and any person by acceptance of title to any of the above described property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. EXECUTED this the day of 19 Stephen L. Goodman THE STATE OF TEXAS COUNTY OF COLLIN ) BEFORE ME, the undersigned, a Notary Public in and for Collin County, Texas, on this day personally appeared Stephen L. Goodman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY AND AND SEAL OF"OFFICE this the day of 19 NOTARY PUBLIC in and for Collin County, Texas 3 0 O i D — J O Blvd. Rivercreat m r EXISTING PARK TIMBER BEND i ADDITION GO p FOUNTAIN PARK 4�• r�'"4' 5 ADDITION m 0 m ¢ a` o me ¢ Main F.M. 2170 Street m 6 _d L 7 m i THOROUGHFARE MAP prepared by: prepared for: FOUNTAIN PARK NO. DON A TIPTON CONSULTING ENGINEER BASS DEVELOPMENT :350 BELT LINE RDAD SUITE C SSPO L B J FRWY SUITE ZTO 0 300 X00 1400 1600 a 11 a n, texas GARLAND, TEXAS 75043 DALLAS, TEXAS 75340 iu.lsl Tr AUllal. LYt EXIa71N0 ►AIIX {iIK MAIN /I{lITO STREET ►AS. a �AM I ODOR. MM TIG i�'CRNI -T W LOCTION MAP I SCALE 1'-2000' 1:e I Rlex am DRM R-5 N.fR .tND (SINGLE-FAMILY) (49.88 ACRES) M[d..DON OIIIV{ IOU TYN IA I U `' N I ND • I CRf FN W00 HURT WClT .MIM .\001 DIIIV{ I cRearwD� N'F}{ BURT l' wALCW .ROw1 DRIV[ N H•321. W -- W` 1397 64' CN[RRTWOOD CWRT PROPOSED ZONING FOUNTAIN PARK NO. % prepared by: DON A. TI►TON IMC. CONSULTING ENGINEER prepared for SAS■ DEVELOPMENT allen, texas iSfO SELTLdE ROAD SUITE C 3120 L ■ J INVI7, SUITE 220 1 0 00 200 400 .00 .CALF•I•I.O' DATE••/.A GARLAND. TEXAS n043 DALLAS, TEXAS T.2A0 >V $PRI Tnst CF "'TURN LAKE (COMMUNITY FACILITIES) MIK AMR. PN 21" $TRQT (SINGL ' (MLY)I a PR[$IIDM I MIK I TI .LRLPL[R cDURT LOCTION MAP SCALE 1'-2000' 1 I r o I RInN a[[1 MNe I R-2 I MLER $eNo (SINGLE FAMILY) ry NO I ry (PLA E D VELOPMENT) DMV[ Nu FDU TAI ODD I I"E" COUNT REST n. we (SINGL FA I tMIM MDDR I I DR I 0 J ffi COU Ni b waLow $Roa DRIVE N H•S21$ W IN7 D• CMERRTwDOD R-2 GB COURT EXISTING ZONING (SINGLE FAMILY) (GENERAL BUSINESS) FOUNTAIN PARK NO. prepared by, prepared (Ov allen, texas DON A TIPTON INC CONSULTING ENGINEER BASS DEVELOPMENT $330 ■ELTLINE ROAD SUITE C 6520 18 J FRWV . SUITE 220 $CALE•I•IDD' DATE -2/411 GARLAND. TEXAS 75043 DALLAS. E%A5 75240 .77-7 10 500 UNN ' JI P1IVC AN SX OPEN /PALE J hD 2�"PfM!•NDO.1 pNlvf so' t6+ 1 Nulty ON[Fx I DNnF 14 JtoA ta •NOON ,Y S DR[CN 10 DRrvf I ` -T Go l N...DD. f'I DNIVE R J � J 4ry J J z w 6600( r LL DN�vf / �iJ� N F M. fl,..... PA.. S 1 ' �I lol I • I • � 10 � 11 � 1 R L OPEN Y� ' 2 �L Nr4 z 3 4 tzs. az`I'�ze,s 'I�143 ,e� t•�� prepared by prepared for DON A. TIPTON INC. CONSULTING ENGINEERS BASS DEVELOPMENT 6330 BELT INE ROAD SUITE C 6610 L: ' FRWY ,SUITE 120 GARLAND , TEXAS 76048 DALLA, TEXAS 7624D TYPICAL 30' R.O.W. 1L 1•' ALLEY R.O W vol �I 1 LOCATON MAP SCALE 1'-2000' Lend Use Data TOTAL ACRE/ 49.S4 MINIMUM LOT R.F 1500 MINIMUM LOT WIDTH .•' MINIMUM LOT DEPTH 110' FRONT BUILDING LINE 16' SIDE BUILDING LINE 10% OF LOT WIDTH RIDE YARD ADJACENT TO STREET 13' TOTAL LOTS 1.0 TYPICAL LOT T0'1114' CONCEPT PLAN G FOUNTAIN PARK NO. 7 OUT OF THE PETER FISHER SURVEY ABET. NO. 324 IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F.Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared X (AGX k =, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing N of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on n October 1, 1984 and which was issued on October 1, 1984 , by City of Allen A of Collin County, Texas. A printed copy of said publication is attached he to. SUBSCRIBED AND SWORN to before me this 5thay of November , A.D. 19 8 4 J Notary Public in and for Collin County, Texas Publisher's Fee $ P). (9c) Dianne k e r r Commission Expires 10/14/87 CITY OF ALLEN `i NOTICE OF `Or PUBLIC HEARING Notice is hereby given that the Allen City Coun- cil will conduct a public hearing at 7:30 p.m. on Thursday, October 18, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a zon- ing change request on approximately 50 'acres of land located in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas, and fur- ther described as being located west of Timber-, bend Addition, south df Reed School and Reed Park, and east of the Fountain Park Audition. This zoning request is to change zoning on the above referenced tract from the present zoning of R-2, single-family residential, to R-5, single family residential, and to include voluntary deed restrictions setting minimum house sizes tp 1,600 square feet. Anyone wishing to speak either FOR or AGAINST, this request is invited to attend this public hearing and voice their opinion. For further informa- tion on this request, con- tact the Department of Community Develop- ment at the Allen Municipal Annex, OneButler Circle, Allen, Texas, or telephone 727-9171 or 424-7518 (metro). Marty Hendrix City Secretary (Published in the Allen American on Monday, LOrtober 1, 1984.) 55