O-1661-12-98ORDINANCE NO. 1661-12-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-%, AND
ZONING MAP AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN
ZONING FROM A -O AGRICULTURE -OPEN SPACE TO PLANNED
DEVELOPMENT R-5 SINGLE FAMILY RESIDENTIAL BY APPROVING
FLOODPLAIN -PLANNED DEVELOPMENT -SINGLE FAMILY ORDINANCE NO.
77 (FP -PD -SF -NO. 77) FOR 123.0091 ACRES IN THE HENRY BRANDENBURG
SURVEY, ABSTRACT NO. 110, CITY OF ALLEN, COLLIN COUNTY, TEXAS
AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
EXHIBIT "B" DEVELOPMENT REGULATIONS AND EXHIBIT "C" CONCEPT
PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING
FOR A SEVERABHdTY CLAUSE; 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 Comprehensive Zoning Ordinance No. 1425-5-96, and Zoning Map should be amended.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. Comprehensive Zoning Ordinance No. 1425-5-96, of the City of Allen, Texas, as
previously amended, be amended by granting a change in zoning from A -O Agriculture -Open Space to
Planned Development -R-5 Single Family Residential by approving Floodplain -Planned Development No.
77 (FP -PD -NO. 77) on the following -described tract of land: 123.0091 acres in the Henry Brandenburg
Survey, Abstract No. 110, City of Allen, Collin County, Texas, and being further described in Exhibit "A"
attached hereto.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations and Concept Plan attached hereto as Exhibits "B" and "C", respectively which are hereby
approved and made a part hereof for all purposes.
SECTION 3. That the above property shall be used only in the manner and for the purpose provided for by
the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended 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 shat 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. 1425-8-96 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 ($2,000.00) for each offense.
SECTION 6. 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 Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication
of the caption as the law and charter in such cases provide, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 3rd DAY OF Deer , 1998.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, ACTING CITY ATTORNEY dy Mo n, CMC, CITY SECRETARY
Ordinance No. 1661-12-96 Page 2
EXHIBIT A
DESCRIPTION 123.04 Acres
SITUATED in Collin Wu,ty, Texas, in the Henry Brendenb<rg-survey, abstract
' no. 110, being a resurvey of the 120 acre tract described in a deed frac R. M.
Finerson, at al to Doyle K. Stacy, dated April 22, 1935, recorded in vola 298,
page 631 of the Collin County deed records, being described by metes end bounds
as follows:
BEGINNING at an iron pin found by a corner post at the northwest corner of
the Michael See survey, abstract No. 544 and an all corner of said 120 acre
tract;
THENCE southerly with an east line of said 120 acre tract and generally
near an established fence and hedge row as follows:
South 1' 22' 50" East, 1621.19 feet to a nail set by a post;
South 0' 57' 20" East, 60.65 feet to a nail set by a post;
South 1' 18' 24" East, 445.19 feet to an iron pin set by a corner
post at the south, southeast corner of said 120 acre tract;
THENCE westerly with the south line of said 120 ace tract and generally
near an established fence and hedge raw as follows:
South 88' 37' 42" West, 413.18 feet to a nail set by a post;
South 88' 49' 11" West, 366.64 feet to an iron pipe foul by a corner
post at the southwest corner of said 120 ace tract;
THENCE northerly with the west line of said 120 acre tract and general lY
near an established fence and hedge row as follows:
North 1' 16' 51" West, 361.95 feet to a nail sat by a post;
North V 24' 37" West, 402.55 feet to an iron pir, found by a corner
post;
THENCE North l' 33' 55' West, with said west line, 2671..56 feet tc an iron
pin found by a corner post at the west, northwest corner of said 120 acre tract;
' THENCE North 88' 24' 52" East, with a north line of said 120 ace tract and
generally near the evidence of an old fence, 788.71 feet to an iron pin set at
an all corner of said 120 acre tract;
THENCE North 1' 45' 53" West, with a west line of said '120 acre tract,
792.0 feet to an iron pin set at the north, northwest corner of said 120 ace
tract;
THENCE North 88' 19' 13" East, with the north line of said 120 acre tract
and generally new a dirt road, 1258.27 feet to an iron pin found in said road
center at the northeast corner of said 120 ace tract;
THENCE southerly generally near an established fence ano hedgerow and with
the east line of said 120 acre tract as follows:
South 1' 39' East, 396.64 feet to an iron pin found in concrete;
South i' 39' 12" East, 401.03 feet to a nail set by a post;
South 1' 25' 48" East, 365.50 feet to sn iron pin found in concrete;
South 1' 38' 42" East, 952.87 feet to an iron pin foul by a corner
post at the east, southeast corner of said 120 ware tract;
THENCE westerly with a south line of said 120 acre tract and generallY rear
an established fence and hedge row as follows:
South 88' 35' 18" West, 303.66 feet to a nail set by a post;
South 88' 14' 54" West, 422.83 feet to a nail set by a post;
South 88' 42' 15" West, 275.65 feet to a nail set by a post;
South 88' 34' 08" We -f 958.94 feet to the beginning point enc
containing 123.04 acres of land.
Surveyed June 20,199
' Bruce Geer, Registered Professional land Surveyor, No. 4117
P. o. Box 1233
Allen, Texas 75002 Ord. g 1661-12-98
214-542-3959
'EXHIBIT B
' Development Regulations
1. USES: This property shall be developed and used for single-family detached
dwellings in accordance with R-5 Single Family Residential District Regulations, except
as otherwise modified herein.
2. Lot Area:
A. All lots adjacent to the Kitty Hawk Subdivision shall have a minimum
area of eleven thousand (11,000) square feet.
B. The first row of lots immediately adjacent to the parkland shall have a
minimum area of nine thousand (9,000) square feet.
C. The second row of lots adjacent to the parkland shall have a minimum
area of eight thousand five hundred (8,500) square feet.
D. The remaining lots shall have minimum area of seven thousand five
hundred (7,500) square feet.
3. Single Loaded Streets: There shall be a single loaded street adjacent to all
parkland.
4. Open Space: One (1) acre of land for every seventy-five (75) dwelling units
shall be designated and appropriately developed as open or recreation space to be
owned and maintained by a property owners association. The open space shall be
designated at the time of platting in accordance with the Concept Plan.
5. Maximum density: The maximum number of dwelling units per acre shall be 3.4
6. Prior to any development of the property at least two roads must be installed to
provide access to the property. These roads must provide access or connect to
existing major thoroughfares, and may utilize the existing Stacy Road. A
maximum of one (1) of these roads may be temporary, and the other shall be
permanent, with standard concrete pavement.
7. Prior to final plat approval, a General Development Plan shall be submitted, and
shall be accompanied by a Traffic Impact Analysis to determine:
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a) the maximum number of dwelling units that may be
'
developed with the access to the property provided by
Stacy Road;
b) when two permanent access roads to the property are
required to serve the development;
C) the proper circulation and capacity for each proposed phase
of development; and
d) the maximum residential density during the construction
process as each phase of the development is completed.
8.
Prior to final plat approval a facilities agreement shall be entered into between the
developer and the City to reflect the agreement of the City and the developer as to
the phasing of construction of roadways and thoroughfare improvements.
9.
The existing tree line (fence row of trees) along the west property line adjacent to
the Kitty Hawk Subdivision shall be preserved in accordance with the
Comprehensive Zoning Ordinance, and no alley shall be allowed within this area
Any lots which back to this tree line shall not have alley access.
10.
Floodplain areas shall be designated and dedicated to the City.
11.
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.
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