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O-1738-7-99ORDINANCE NO. 1738-7-99 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 AGRICULTURE -OPEN SPACE (AO) TO PLANNED DEVELOPMENT -SINGLE FAMH,Y BY APPROVING PLANNED DEVELOPMENT -SINGLE FAMILY -NO. 82 MD -SF -82) FOR 15.06 ACRES IN THE JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR 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) FOR EACH OFFENSE; AND PROVIDING FOR THE 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 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be revised. 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 Agriculture -Open Space (AO) to Planned Development -Single Family by approving Planned Development -Single Family -No. 82 (PD -SF -82) on the following -described tract of land: 15.06 acres in the John Huffman Survey, Abstract No. 416, 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. That the property shall be developed and used only in accordance with the Development Regulations attached hereto as Exhibit "B" and made part thereof for all purposes, and shall be developed generally in accordance with the Concept Plan attached hereto as Exhibit "C" and made a part hereof. 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 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) for each offense. 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 ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE In DAY OF JULY, 1999. APPROVED: Stephen Terrell, MAYOR ' APPROVED AS TO FORM: ATTEST: Peter G. SmithkCITY ATTORNEY Ay Mo on, CMC, CITY SECRETARY Ll OrdinanceNo. 1738-7-99 Page 2 METES AND BOUNDS DESCRIPTION FOR VILLAS AT CUSTER HILLS STATE OF TEXAS COUNTY OF COLLIN BEING a tract or parcel of land situated in the City of Allen, Collin County, Texas, and being part of the John Huffman Survey, Abstract No. 41e, and being part of that tract of lar*: described in a deed from Helen L. Hitchcock to Charles W. Fitzgerald dated May 2, 1968, recorded in Volume 709, Page 200, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING a point for comer, said point being the northeast corner of the Custer Hill Estates Phase C, an addition to the City of Allen, Collin County, Taxes, said point also being in a south line of a tract of lend conveyed to Margaret McDermott; THENCE South 84 degrees 41'00' East along the south line of said McDermott tract, a distance of 338.50 feet to a point for comer, said comer being in a west line of said McDermott tract; THENCE South 2 degrees 58' 00" West along the west line of said McDermott tract, a distance of 1949.54 feet to a point for comer; ' THENCE North 87 degrees 08'00" West departing said west line of said McDermott tract, a distance of 334.22 feet to a point for corner, said point being in the west line of said Custer Hills Estates Phase C; THENCE North 02 degrees 52'00" East along the west line of said Custer Hills Estates Phase C, a distance of 1963.93 feet to the POINT OF BEGINNING and containing 15.06 acres of land, more or less. EXHIBIT A Ordinance No. 1738-7-99 L DEVELOPMENT REGULATIONS VILLAS AT CUSTER HILLS Revised June 9, 1999 A. Concept Plan: The property shall be developed in accordance with the Concept Plan made a part of the ordinance. B. Base Zoning District: I. This tract shall be developed in accordance with the R-6 Single Family Residential District Regulations, except asmodifiedherein: a. The minimum lot size shall be as indicated on the Concept Plan: however, minor deviations from the square footages of the lots may occur at the time of final engineering. The average lot size shall be no less than 8,252 square feet for the entire development. b. The minimum dwelling size shall be 1,800 square feet for those lots adjacent to the western boundary of the property and a minimum dwelling size of 2,200 square feet for lots adjacent to the eastern property line. C. Open Space 1. Open Space will be provided at a minimum ratio of one acre per seventy- five dwelling units, with a minimum of 0.92 acres of Open Space as indicated on the Concept Plan, subject to the following: a. Open Space area shall be a minimum of 20 -feet in width; b. Open Space shall contain a meandering hike -and -bike trail; C. Trees shall be planted (within the Open Space) at a ratio of one tree per 100 linear feet of the Open Space area; d. The rear lot line of lots adjacent to and lots siding to the Open Spaceltrail area shall be fenced with a consistent decorative metal fence. D. Homeowners Association: I. Prior to final plat approval, Homeowner Association documents and appropriate declaration of covenants and restrictions shall be submitted to the City for review and approval. E. Alleys: I. Alleys shall not be constructed adjacent to any Open Space areas. EXHIBIT B Page 1 of 2 Ordinance No. 1738-7-99 r F. Front -Entry Garage Access: 1. Garage doors will be permitted to face the street at the minimum front yard setback of twenty (20) feet, on a maximum of eleven (11) lots. These front -facing entry garages shall be limited to those lots adjacent to the eastern property line. 2. Architectural restrictions would limit the front -entry garage doors to a one (1) foot recess and a rustic cedar molding to be applied to the garage door(s) in a cross buck pattern, V pattern, or a box -type pattern, all reflecting an "old world" style. G. Prior to the submission of a preliminary plat for this property, the owner shall provide evidence to the City that a Phase II EPA Study has been completed for the subject property. EXHIBIT B Page 2 of 2 Ordinance No. 1738-7-99 II II v IMOW -MM 0' j 09 Ei: h Ws v F- V'