O-1723-5-99ORDINANCE NO. 1723-5-99
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, TO AMEND THE
DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT -NO. 70 (PD -
70), ORDINANCE NO. 1678-1-99, FOR 46.365 ACRES IN THE D. B HEARNE
SURVEY, ABSTRACT NO. 427, 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 amending Planned Development No. 70 (PD -70),
Ordinance No. 1678-1-99, by approving revised Development Regulations and Concept Plan for the
following -described tract of land: 46.35 acres in the D.B. Hearne Survey, Abstract No. 276, 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. That 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; and Planned Development No. 70 (PD -70), Ordinance
No. 1678-1-99, except as amended herein shall continue in full force and effect.
SECTIONS. 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; and
Planned Development -No. 70 (PD -.70), Ordinance No. 1678-1-99, except as amended herein shall continue in
full force and effect.
SECTION 6. That 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.
SECTIONS. 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 6m DAY OF MAY, 1999.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G. Smith, CITY ATTORNEY J Mo n, CMC, CFFY SECRETARY
OrdinanceNo. 1723-5-99 Page
EXHIBIT A
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, REID FAMILY ENTERPRISES, LTD. is the owner of 46.373
acre tract of land situated in the City of Allen, Collin County,
Texas, a part of the D. B. HEARNE SURVEY, ABSTRACT NO. 427, and
being a part of that 64 acre tract of land conveyed to Reid
Family Enterprises, Ltd. as recorded in Volume 4137, Page 2352,
Collin County Deed Records, and being further described as
follows:
BEGINNING at P.K. nail set at the northwest corner of said 64
acre tract of land, said point being in the center of Bethany
Road, said point being the most northerly northeast corner of a
191.789 acre tract of land conveyed to Dawnell Shelley as
recorded in Volume 3841, Page 480, Collin County Deed Records;
THENCE South 89 degrees 52 minutes 46 seconds East, 1034.07 feet
along the north line of said 64 acre tract of land and along the
of Bethany Road to a P.R. nail set for corner;
THENCE South 00 degrees 22 minutes 10 seconds East, 374.93 feet
to a 1/2 inch iron rod set for corner;
THENCE North 89 degrees
37
minutes
50
seconds East, 235.50 feet
to a 1/2 inch iron rod
set
for corner
in the west line of
Farm -to -Market Highway
No.
2551 (a
90
foot wide right-of-way);
THENCE along the west line of Farm -to -Market Highway No. 2551 as
follows:
South 00 degrees 22 minutes 10 seconds East, 1129.75 feet
to a 5/8 inch iron rod found for corner;
South 00 degrees 00 minutes 11 seconds West, 609.40 feet
to a 1/2 inch iron rod found in the south line of said 64 acre
tract of land;
THENCE South 89 degrees 08 minutes 17 seconds West, 481.70 feet
along the south line of said 64 acre tract of land to a 1/2 inch
iron rod set for corner;
THENCE North 00 degrees 23 minutes 36 seconds West, 389.29 feet
to a 1/2 inch iron rod set for corner;
THENCE Northwesterly, 427.06 feet along a curve to the left which
has a central angle of 44 degrees 53 minutes 49 seconds, a radius
of 545.00 feet, a tangent of 225.17 feet, and whose chord bears
North 22 degrees 50 minutes 31 seconds West, 416.22 feet to a 1/2
inch iron rod set for corner;
Ordinance No. 1723-5-99
Page 3
THENCE Northwesterly, 145.30
feet along a curve to
the right
which has a central angle
of 10 degrees 20 minutes
30 seconds, a
'
radius of 805.00 feet, a
tangent of 72.85 feet, and whose chord
bears North 40 degrees 07
minutes 10 seconds West,
145.10 feet to
a 1/2 inch iron rod set for
corner;
Ordinance No. 1723-5-99
Page 3
1 THENCE Southwesterly, 48.40 feet along a curve to the left which
has a central angle of 04 degrees 15 minutes 59 seconds, a radius
of 650.00 feet, a tangent of 24.21 feet, and whose chord bears
South 55 degrees 18 minutes 40 seconds West, 48.39 feet to a 1/2
inch iron rod set for corner;
11
i,
THENCE Southwesterly, 483.01 feet along a curve to the right
which has a central angle of 36 degrees 30 minutes 23 seconds, a
radius of 758.08 feet, a tangent of 250.02 feet, and whose chord
bears South 70 degrees 53 minutes 06 seconds West, 474.88 feet to
a 1/2 inch iron rod set for corner;
THENCE South 89 degrees 08 minutes 16 seconds West, 44.09 feet
to a 1/2 inch iron rod set for corner in the west line of said 64
acre tract of land;
THENCE North 00 degrees 17 minutes 35 seconds West, 1421.85 feet
along the west line of said 64 acre tract of land to the POINT OF
BEGINNING and containing 2,019,678 square feet or 46.365 acres of
land.
Ordinance No. 1723-5-99 - Page 4
' EXIHBIT B
PLANNED DEVELOPMENT STANDARDS
Planned Development District 70
(Revised April 8,1999)
The subject property shall be developed under the regulations as outlined in the
Comprehensive Zoning Ordinance (Ordinance No. 1425-5-96) m it currently exists or may be
amended subject to the following additional conditions:
A. Land Use/Concept Plan:
The development of the property shall be in accordance with the Concept Plan
(dated March 25, 1999) attached to and made apart of this ordinance.
This property shall be developed for single family detached dwellings in
accordance with R-6 Single Family Residential District Regulations, except as
otherwise modified herein.
' C. General Regulations:
1. A maximum of 159 single family residential dwelling units shall be permitted.
2. At the time of platting, the subdivisions will be designed in such a manner to
incorporate curvilinear street patterns and similar designs.
3. The collector street shall be constructed to standard width from Malone to F.M.
2551 prior to the development of the elementary school.
4. There shall be no alleys adjacent to the school site or the open space areas.
5. Prior to submission of a preliminary plat on any portion of this tract, the property
owner(s) will enter into a facility agreement to determine the timing and/or
funding of the thoroughfare improvements adjacent to this tract.
6. Prior to final plat approval, the property owner association documents and
appropriate declaration of covenants and restrictions shall be submitted to the City
for review and approval, to assure the long-term maintenance of the open space
areas.
7. Prior to final platting the property, the proponent will design the lake/pond system
' within the open space areas to be in accordance with the City's design
requirements.
Ordinance No. 1723-5-99 - Page 5
PROPOSED PLANNED DEVELOPMENT STANDARDS
REID FAMILY PROPERTY
(RevisedApril8,, 1999)
Page 2
8. There shall be wrought iron fencing adjacent to the lakes/open space areas.
9. A minimum of 50 percent of the lakes/open space shall be bound by single loaded
streets.
10. There shall be supplemental water supplied to the lake/pond areas to assure that
water will he in the lakes during the dry season.
11. Open space shall be provided at a ratio of one acre per 75 dwelling units,
exclusive of the pond/lake areas.
12. Variance to Section 3.05.7.G (7) of the Comprehensive Zonine Ordinance The
existing fence row of trees in the center of the extension of the sixty (60) foot
wide collector street along the southern properly line of Tract 2 as shown on
the Concept Plan, Exhibit C, may be removed, provided however, all healthy
trees within such area, as determined by a certified Arborist shall be replaced
' and replanted within the open space areas within Tract 2. The replacement
trees shall be a minimum caliper of 3 inches at time of planting.
Ordinance No. 1723-5-99 - Page 6
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