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Home My WebLink AboutO-1194-9-93ORDINANCE NO. 119 4 - 9 - 9 3 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1172-5-93 FLOOD PLAIN PLANNED DEVELOPMENT NO. 54 (FP -PD NO. 54) ON THE FOLLOWING - DESCRIBED TRACT OF LAND: RAINTREE ESTATES I ADDITION TO THE CITY OF ALLEN, 57.9449 ACRES OF LAND IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CTTY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR 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 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, and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1172- 5-93 (FP -PD No. 54) be amended in order to correct the clerical error of repealing Ordinance No. 503- 4-84 (Planned Development No. 20) in its entirety, including the existing development of Raintree Estates I. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, and Ordinance No. 1172-5-93 (FP -PD No. 54) are hereby amended by changing the Zoning Map of the City of Allen. SECTION 2: The development standards for Raintree Estates I Addition to the City of Allen, attached hereto as Exhibit "I" and made a part hereof for all purposes, shall be adhered to in their entirety. SECTION 3: The property described as Raintree Estates I Addition, 57.9449 acres of land in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas, further described in Exhibit "J" attached hereto, shall be used in the manner and for the purposes provided for as approved herein. SECTION 4: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: 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. 829-11-87 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. SECTION 6: 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 7: 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, TEXAS, ONTHE 2ND DAY OF SEPTEMBER P 1993. M APPROVED AS TO FORM: APPROVED: Me Farmer, MAYOR ATTEST - Ordinance No. 1194-9-93 page 2 DEVELOPMENT STANDARDS RAINTREE ESTATES I ADDITION EXHIBIT "I" TO ORDINANCE NO. 1194-9-93 SINGLE FAMILY RESIDENTIAL DEVELOPMENT: 1. General: This property shall be developed for single-family, detached dwellings, together with the allowed incidental and accessory uses. The maximum number of dwellings shall not exceed five hundred (500) units. 2. Use Regulations: A building or premise shall be used only for the following purpos- es: a. Single family detached units and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one half (2'/z) stories in height. 4. Area Regulations: a. Size of Yards: (1) Front Yard: There shall be a front yard having a depth of not less than twenty-five (25) feet. (2) Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten (10) per cent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. b. Size of Lot: (1) Lot Area: No building shall be constructed on any lot of less than twelve thousand (12,000) square feet on fifteen (15) percent of the lots, and nine thousand (9,000) square feet on fifty-five (55) percent of the lots, and eight thousand four hundred (8,400) square feet on thirty (30) percent of the lots. Such lots shall have a minimum buildable area of four thousand (4,000) square feet. ORDINANCE NO. 1194-9-93 EXHIBIT "I" (2) Lot Width: The width of the lot shall be not less than seventy (70) feet at the front street building line, nor shall its average width be less than seventy (70) feet. (3) Lot Depth: The depth of the lot shall not be less than one hundred ten (110) feet, except that a corner lot or cul-de-sac lot may have a depth of less than one hundred (100) feet provided that the minimum depth is no less than ninety (90) feet. C. Dwelling Unit Size Distribution: The following floor areas for residential dwellings exclusive of garages, breezeways and porches shall be observed: (1) forth (40) percent 2,000 square feet or greater; (2) sixty (60) percent 1,800 square feet or greater. d. Lot Coverage: In no case shall more than forth (40) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations: a. Type of Materials: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 6. General Standards for Development: a. General: It is recognized other zoning standards are applicable to the develop- ment of this planned development district, and that such standards are set forth in Zoning Ordinance 829-11-87. Therefore, for the purpose of these standards the following sections of Ordinance 829-11-87 are hereby incorporated into this ordinance. a. Section 2.03 Creation of Building Site b. Section 2.05 Specific Use Permits C. Section 2.07 Temporary Uses d. Section 2.08 New and Unlisted Uses e. Section 2.09 Site Plan Approval f. Section 2.10 Definitions g. Section 3.02 Height and Area Exceptions h. Section 3.03 Vehicle Parking ORDINANCE NO. 1194-9-93 EXHIBIT "I" i. Section 3.04 Off-street Loading j. Section 3.05 Landscaping k. Section 3.06 Fences and Walls 1. Section 3.07 Court Standards M. Section 3.08 Accessory Buildings. 7. Special Definitions: When reference is made herein to "The Zoning Ordinance," it is to the City of Allen Zoning Ordinance 829-11-87. #' ORDINANCE NO. 1194-9-93 EXHIBIT RAINTREE ?` ESTATES ADDITION - EXHIBIT "J" BEGINNING at a 1" iron rod found for corner in the east right-of-way line of proposed Alma Road (110' proposed R.O.W.) same being located N 000 33' 04" E, along the west line of the above men- tioned 153.065 acre tract, 525.26 feet and S 890 35' 29" E, 54:96 feet from the southwest corner the above mentioned 153.065 acre tract, said southwest corner being a point in the north right-of-way line of McDermott Road (FM 2170) located 80' north of the centerline of said McDermc Road at this point, and also being in the centerline of a dirt road on the west side of the above -mentioned 153.065 acre tract; 0 THENCE, N 000 32' 18" E, along said prollosed east right-of-way line of Alma Road, a distance of 948.70 feet to a 1" iron rod found for corner; r THENCE, N 000 29' 42" W, continuing along said proposed east right-of-way line of Alma Road a di tance of 305.34 feet to a 1" iron rod set for corner; THENCE, S 890 35' 29" E, leaving said proposed east right-of-way line of Alma Road, a distance o 86.89 feet to a 1" iron rod set for corner; THENCE, N 000 24' 31" E, a distance of 16.00 feet to a 1" iron rod set for corner; THENCE, S 890 35' 29" E, a distance of 1007.39 feet to a 1" iron rod set for corner, same being beginning of a curve to the right, having a central angle of 240 00' 0011, a radius of 311.00 fee a tangent length of 66.11 feet, a chord bearing of S 770 35' 29" E, and a chord distance of 129. feet; THENCE, Southeasterly, with said curve to the right an arc distance of 130.27 feet to a 1" iron set for corner, same being the end of said curve to the right; THENCE, S 650 35' 29" E, a distance of 140.45 feet to a 1" iron rod set for corner, same being t beginning of a curve to the right, having a central angle of 260 30' 00", a radius of 411.00 feE a tangent length of 96.78 feet, a chord bearing of S 520 20' 29" E, and a chord distance of 188. feet; f THENCE, Southeasterly, with said curve to the right, an arc distance of 190.09 feet to a 1" iror rod set for corner, same being the end of said curve to the right; THENCE, S 390 05' 29" E, a distance of 145.05 feet to a 1" iron rod set for corner, same being beginning of a curve to the left, having a central angle of 300 30' 0011, a radius of 89.00 feet tangent length of 24.26 feet, a chord bearing of S 540 20' 29" E, and a chord distance of 46.82 feet; THENCE, Southeasterly,with said curve to the left, an arc distance of 47.38 feet to a 1" iron r, set for corner, same being the end of said curve to the left; THENCE, S 690 35' 29" E, a distance of 478.94 feet to a 1" iron rod set for corner; THENCE, S 210 16' 30" E, a distance of 164.53 feet to a 1" iron rod set for corner in the east of the above mentioned 153.065 acre tract; THENCE, S 130 56' 41" W, along the east line of the above mentioned 1'53.065 acre tract, a dista of 72.10 feet to a 1" iron rod set for corner; THENCE, S 260 50' 19" E, continuing along the east line of the above mentioned 153.065 acre tra a distance of 177.60 feet to a 1" iron rod set for corner; THENCE, S 500 10' 19" E, continuing along the east line of the above mentioned 153.065 acre tra a distance of 113.90 feet to a 1" iron rod set for corner; THENCE, S 390 13' 19" E, continuing along the east line of the above mentioned 153.065 acre tra a distance of 355.89 feet to a 1" iron rod set for corner; THENCE, S 430 34' 41" W, continuing along the east line of the above mentioned 153.065 acre tra a distance of 57.45 feet to a 1" iron rod set for corner; THENCE, N 890 35' 29" W, leaving the east line of the above mentioned 153.065 acre tract, a dis tance of 2477.85 feet to the POINT OF BEGINNING and containing 2,524,080 square feet or 57.9445 acres of land, more or less. ' AFFIDAVIT AND PROOF OF PUBLICATION THE STATE1017 TEXAS COUNTY OF COLLIN CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City (Council adopted the following ordinance at BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE Mtheir regular meeting held on Thursday, TACKETT, who having been by me duly sworn, on oath deposes and says: ;September 2, 1993 (Title and Penalty Clause only): That she is the General Manager of THE ALLEN AMERICAN, a newspaper published Ordinance No. 1194-9-93: An Ordinance COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulatiolAmend g Comprehensive of Zo nTexas, o di- said county, and having been published regularly and continously for more than twelve (1Qnce No. 829-11-87, as Previously [tAmended, and Ordinance No. 1172-5-93 months prior to publishing Mood Plain Planned Development No. 54 I(FP-PD No. 54) on the Following - Described Tract of Land: Raintree Estates I Addition to the City of Allen, 57.9449 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas; Providing for Deve- lopment Standards; Providing for a Penalty of which the attached is a true and written copy, and which was published in THE ALLEN of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Of - AMERICAN on fense; Providing for a Severability Clause, land Providing for the Effective Date of Said Wednesday, September 8, 1993 & Sunday SeDtember 12, and which was issued on September 8, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this AA day of A.D. 19 9� V. A. TODD It (SJ/ / MY COMMISSION EX ES December 5,1996t` NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 42 . 76 That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensice Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore 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. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle -,Allen, [Texas 75002. Vs/ Judy Morrison City Secretary ti CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City, Council adopted the following ordinance at their regular meeting held on Thursday,( September 2, 1993 (Title and Penalty' Clause only): Ordinance No. -1194-9-93: An Ordinance `of the City of Allen,'Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, and Ordinance No. 1172-5-93 Flood Plain Planned Development No. 54 (FP -PD No. 54) on the Following - Described Tract of Land: Raintree Estates I Addition to the City of Allen, 57.9449 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas; Providing for Deve= lopment Standards; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Of- fense; Providing for a Severability Clause, and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensice Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore 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. A copy of this ordinance -may be read -or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary