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Home My WebLink AboutO-732-9-86ORDINANCE NO. 732-9-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO PERMANENT ZONING OF "FP -PD" (FLOOD PLAIN -PLANNED DEVELOPMENT) NO. 41, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 125.3 ACRES OF LAND LYING IN THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489, COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City 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 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. 366-10-81, as previously amended, should be amended: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 125.3 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from "AO" (Agricultural -Open Space) to permanent zoning of "FP -PD" (Flood Plain -Planned Development) No. 41. SECTION 2. That the Use Regulations described as Exhibit 'B" and attached Ordinance No. 732-9-86 - Page 1 hereto and made a part hereof for all purposes shall be the governing regulations for "FP -PD" (Flood Plain -Planned Development) No. 41. SECTION 3. That the Land Use Plan approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of "FP -PD" (Flood Plain -Planned Development) No. 41. 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 the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachments of Exhibits "B" and "C". SECTION 6. 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 Noy 366-10-81 of the 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 7. 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. 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 Ordinance No. 732-9-86 - Page 2 LEN, TEXAS, ON THE qth DAY OF SPntamhPr 1986. APPROVED: IF I ATTEST: Marty Hendrix, CV, City Secretary APPROVED AS TO FORM: Attorney Ordinance No. 732-9-86 - Page 3 Attachment to Ordinance No. 732-9-86, adopted September 4, 1986 "EXHIBIT A" - Part 1 of 2 PROPERTY DESCRIPTION TRACTS 1, 3, 5, 6, 7 & 8 BEING a tract of land situated in the SHADRICK JACKSON SURVEY, ABSTRACT 489, Collin County, Texas, and being a part of the 181.094 acre tract conveyed to AUSTIN -FAIRCHILD CORPORATION by deed recorded in Volume 1881, Page 140 in the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the Southeast corner of the SHADRICK JACKSON SURVEY, ABSTRACT 489, said point also being the Southeast corner of said 181.094 acre tract; THENCE S 89053131" W, 945.02 feet, a point for corner; , THENCE N 00027112" E, 1612.21 feet, a point for corner; THENCE N 89011100" W, 1741.19 feet, a point for corner; THENCE N 00026'45" E, 957.19 feet, a point for corner; THENCE S 89011'00" E, 1019.54 feet, a point for corner; THENCE Easterly 711.54 feet, along a curve to the left, that has a central angle of 40046'05", radius of 1000.00 feet, whose chord bears N 70025'57" E, 696.62 feet, a point for corner; THENCE N 50002155" E, 1276.61 feet, a point for corner; THENCE S 00058130" E, 1000.50 feet, a point for corner; THENCE S 00010125" W, 1321.85 feet, a point for corner; THENCE S 00004120" W, 1308.70 feet, to the POINT OF BEGINNING and containing 109.568 acres of land. , FA403 9/11/86 PSB/ai Attachment to Ordinance No. 732-9-86, adopted September 4, 1986 "EXHIBIT A" — Part 2 of 2 PROPERTY DESCRIPTION TRACTS 2 & 9 BEING a tract of land situated in the D. M. TUCKER SURVEY, ABSTRACT 914, Collin County, Texas and being the 15.717 acre tract of land conveyed to AUSTIN -FAIRCHILD CORPORATION by deed recorded in Volume 1881, Page 140 in the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of the D. M. TUCKER SURVEY, ABSTRACT 914, said point also being the Northwest corner of said 15.717 acre tract: THENCE East 522.72 feet, a point for corner; THENCE S 02000120" W, 859.83 feet, a point for corner; THENCE S 68025100" W, 130.00 feet, a point for corner; THENCE S 14004100" W, 111.00 feet, a point for corner; THENCE S 00009'00" W, 230.00 feet, a point for corner; THENCE S 47020100" W, 138.00 feet; a point for corner; THENCE S 03014100" W, 206.00 feet, a point for corner; THENCE S 49038100" W, 320.00 feet, a point for corner; THENCE N 00025'00" E, 1751.29 feet, to the POINT OF BEGINNING and containing 15.717 acres of land. FA403 9/11/86 PSB/ai Attachment to Ordinance No. 732-9-86, adopted 9-4-86 "EXHIBIT B" Page 1 258 ACRES JOINT VENTURE - ALLEN, TEXAS Land Use Regulations/Planned Development Property Description: 125.3 Acre Tract on the South Side of Ridgeview Drive, west of Rowlett Creek Tract 1 - Single Family Residental Use - + 44.8 Acres. Development shall comply with the "R-5" Single Family Residential District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (E), with the exception that 20's of the lots shall be a minimum of 9000 square feet (R-4 lot size). Tract 2 - Single Family Residential Use - + 9.9 Acres. Development shall comply with the "R-5" Single Family Residential District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (E). Tract 3 - Single Family Residential Use - + 29.5 Acres. eve opment shall comply with the "R-5" Single Family Residential District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (E), with the exception that a maximum of 34 lots may be medium density single family detached dwellings on lots not less than 4500 square feet generally located along Ridgeview Drive and developed in accordance with the following criteria: 1. Area and Height Requirements: (Medium' Density Dwelling Units) a. Minimum lot area: 4500 feet b. Minimum lot width: - of corner lot: C. Minimum lot depth: d. Minimum front yard: e. Minimum side yard: - of corner lot: f. Minimum rear yard: g. Minimum floor area per dwelling unit: 40 feet (overall average and at 45 feet front street building line) 90 feet 20 feet 5 feet or 10% of the lot width, whichever is greater. See also below. 15 feet on street side. 10 feet 1200 square feet 11 Attachment to Ordinance No. 732-9-86, adopted 9-4-86 "EXHIBIT B" • Page 2 h. Maximum coverage: 50 percent, plus 10 percent addi- tional coverage permitted for accessory buildings. i. Maximum height: 30 feet or 2 1/2 stories 2. Building Requirements: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone or similar materials. Tracts 1, 2 & 3 - (Maximum overall density on tracts 1, 2 & 3 com Tned to be 343 units.) Tract 4 - Deleted Tract 5 - Multi -Family Residential Use - + 11.2 Acres. —Development shall comply with the "MF -1" Multi -Family Residential District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (H), with the exceptions that 1) no more than 18 dwelling units per gross acre be permitted, and 2) the minimum floor area of any dwelling unit shall be six hundred fifty (650) square feet, exclusive of garages, breezeways and porches. (Maximum overall density to be 200 units). Tract 6 - Local Retail Use - + 2.9 Acres. Development shall comply -with the "LR" Local Retail District Regulations as spe- cified in the Comprehensive Zoning Ordinance, Section 3.01 M. (Floor area ratio of 1:1.67/maximum 75,643 square feet of retail space) Tract 7 - Community Facility Use - 11.8 Acres. Development shall compy-with the "CF" Community Facilities District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (S), with uses limited to those permitted in District "FP" Flood Plain. The major wooded area shall remain intact with only minor individual tree removals allowed. Tract 8 - (Flood Plain) Community Facility Use - 9.4 Acres. Development shall comply with the "FP" Flood Plain District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (S). Tract 9 - (Flood Plain) Community Facility Use - 5.8 Acres. eve opment shall comply with the "FP" Flood Plain District Regulations as specified in the Comprehensive Zoning Ordinance, Section 3.01 (S). Tracts 7, 8 & 9 - (Shall be dedicated to City at time of final paing. 7/31/86 PSB/ai I ' Attachment to Ordinance No. 732-9-86, adopted 9-4-86 "EXHIBIT B" Page 3 i ADDENDUM "A" 258 ACRES JOINT VENTURE - ALLEN, TEXAS LAND USE REGULATIONS The following intersection improvements are required: North-South Road/Rowlett Road - Provide an exclusive right -turn lane for westbound to north- bound traffic. Bethany Road/Rowlett Road - Provide an exclusive right -turn lane for eastbound to south- bound traffic. - Allow left -turn for northbound to westbound traffic to be made from two lanes (one exclusive left - one shared left and through). These required improvements are shown on the attached illustra- tion. Funds for the traffic improvements at the Bethany Road/Rowlett Road intersection shall be escrowed by the developer at or before the time of first platting of any portion of the 125.3 acre tract. PSB/ai 8/13/86 FA403 Attachment to Ordinance No. 732-9-86, adopted 9-4-86 "EXHIBIT B" Page 4 I Attachment to Ordinance No. 732-9-86, adopted 9-4-86 "EXHIBIT C" Proposed Zoning/125.3 Acres Planned Development Scale: r 200'-0' 25a Acre. John wane PD -0 (existing) m \ Ridgeyi@1 — 01ye Location neap n.t.s. Area Summary �tract Iiiiiiiiiiiuse units iiiiiiiiiiiiiiigross ac�� 1 SF 44.8 2 SF 343 9.9 S 29.5 (TRACT a DELETED) 5 MF 200 1t2 6 LR 2.9 7 CF 11.8 8 FP -CF 9.4 9 FP -CF 5.8 258 Acre .bins vnaue PD -0 (existing) 543 1 125.3 4.33 units/gross ac �O "rit -.0— Us/� 1 1 1 IOPUSCO Properties lr . 51-1111d 1PK4WI" Int I 114 � I I / AO tract 2 SF " 9.9 groes ac 9.4 net a�-b 100 yr. —Flood / Plain W R Eeker corp LIMIT OF FLOODWAY e,e ACRES IFW� �� ,—JkUAU M UN�u UW -Ulu 16475 Dallas Parkway, Suite 540 - JONES 8 BOYD, INC. Dallas, Texas 75248 ' CONSUI fmG I NGMERS 13520 FK" Road Swse 102 Dallns Teras 75243 214 231 E715 jan.'86 FA403 psb/wc rev. 5=86; 7=86 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 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 - 258 Acres Joint Venture of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 17, 1986 and which was issued on 8-17-86 by City of A l l e n of Collin County, Texas. A printed copy of said publication is at hed erefp. SUBSCRIBED AND SWORN to before me this 11th day of September , A.D. 19 86 Ica - Notary Pub in and for Collin County, Texas Publisher's Fee $ 16.80_ ' 1'r A 1.10 Qtr NOTICE OF PUBLICI HEARING 9 •lNotice�js ,hereby iven I iat.the Allen City Council; fill conduct 'a public hear-; ig at their regular Councill fleeting to be, 'held �on 'hursday, September, 4, 986, at 7:30 p.m., in, the ;ouncil Chambers of Allen Xdnitipal',Iknnex, One Willer Circle;'Allen, Texas, or. consider a`request 'for`a zoning change from Agri- 4'lturl.=•open -space to rmdnent zoning of "FP — 3 " (Flood Plain — 'lanned Development),.as euested by 258 Acres Ipgint Venture, This request -for perma- ient zoning' is on 125:3 acres of, land out -of the Shadrick Jackson.Survey, Abstract No.489,' Collin ,;bunty, Texas', and the` D.M'. Tucker'Survey; Abstract `No. "914, , Collin County, ,Texas, located south of Ridgeview,Drive and West of Rowlett Creek. This request' for "Flood Ptairi — Planned Develop= merit" includes single fami- ly, -local retail, community facilities, and multi -family tracts. > Anyone wishing to speak either FOR, or (AGAINST this requestJor permanent zoning is invited to attend this public hearing and voice their opinion. For further infdrmation, contact the. Debartment,ol ty of Allen, at 727.9171 b ;4.7516 (metro): Marty Hendrix, CMI City Secretar 'O BE PUBLISHED II AE ALLEWAMERICAI N -SUNDAY, AUGUS