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O-1678-1-99ORDINANCE NO. 1676-1-99 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING BY AMENDING ORDINANCE NO. 1640.10.98, PLANNED DEVELOPMENT -R6 -NO. 70 (191), -R6 -NO. 70) FOR R-6 SINGLE FAMILY, CF COMMUNITY FACILITIES AND LR LOCAL RETAIL FOR 64.09 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, LAND USE PLAN, AND CONCEPT PLAN ATTACHED HERETO AS EXHIBITS "B", "C", AND "D" RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABHXrY 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, THAT: SECTION 1. 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 by amending Ordinance No. 1640- 10-98, Planned Development -R6 -No. 70, R-6 Single Family, CF Community Facilities and LR Local Retail for the following described tract of land: 64.09 acres in the D.B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a pan hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Development Regulations attached hereto as Exhibit "B" and made pan thereof for all purposes, and shall be developed generally in accordance with the Land Use Plan and Concept Plan attached hereto as Exhibits "C" and "D" 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 shaft 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. 1 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 fire 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 THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 21ST DAY OF JANUARY, 1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM ATTEST: e I� � ��l/Si SECRETARY Peter SG�mith, CITY ATTORNEY J Mo on, CMC, CITY SECRETARY Ordhumce No. 1678-1-99 Paget • 4 ' BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the D. B. HEARNE SURVEY, ABSTRACT NO. 427, and being all 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 the southeast comer of said 64 acre tract of land, said point being in the centerline of Farm -to -Market Highway No. 2551 (a 90 foot wide right-of-way); THENCE South 89 degrees 08 minutes 17 seconds West, 1313.48 feet to the southwest comer of said 64 acre tract of land; THENCE North 00 degrees 17 minutes 35 seconds West, 2133.81 to the northwest comer of said 64 acre tract of land, d being in the center of Bethany Road; THENCE South 89 degrees 52 minutes 46 seconds East, 1314.06 feet along the north line of said 64 acre tract of land and along the center of Bethany Road to the northeast comer of said 64 acre tract of land, said point being in the centerline of Farts -to -Market Highway No. 2551; THENCE along the east line of said 64 acre tract of land and along the centerline of Farm-to-Morket Highway No. 2551 as ' follows: South 00 degrees 23 minutes 36 seconds East, 1541.39 feet to a point for comer, South 00 degrees 02 minutes 24 seconds West, 569.90 feet to the POINT OF BEGINNING and containing 64.090 acres of land. Exhibit W Ordinance No. 1678-1-99 PLANNED DEVELOPMENT STANDARDS ' REID FAMILY PROPERTY (Revised January 7, 1999) The subject property shall be developed under the regulations as outlined in the Comprehensive Zoning Ordinance (Ordinance No. 1425-5-96) as 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 generally in accordance with the land use/concept plan which is attached to and made a part of this ordinance. B. Uses: I. 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: A maximum of 160 single-family residential dwelling units shall be permitted. I2. 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 City's design requirements. 8. Wrought iron fencing shall be erected and maintained adjacent to the lakes/open space areas. I9. A minimum of fifty percent (50%) of the lakes/open space shall be bounded by single loaded streets EXHIBIT `B" ORDINANCE NO. 1678-1-99 I 1 PLANNED DEVELOPMENT STANDARDS REID FAMILY PROPERTY (Revised January 7, 1999) Page 2 10. Supplemental water shall be supplied to the lake/pond areas to assure that water level in the lakes is adequate 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. EXHIBIT `B" ORDINANCE NO. 1678-1-99 I I 7,2 � � R | )�§ � �§� | � � R | � � Il II II u o;pp u !ea c rccc . LL>p Y e 9�pg R �Q o;pp rccc . LL>p 4 e 9�pg Y LL Cf SR it R iLU8 pp E �WkF