O-1650-11-98ORDINANCE NO. 1650-11-98
AN ORDINANCE OF THE CITY OF ALIEN, COLUN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, BY ESTABLISHING PERMANENT ZONING, TO-
WIT- FLOOD PLA114-PLANNED DEVELOPMENT NO. 75 (FP -PD NO. 75) FOR
SINGLE FAMILY, ON THE FOLLOWING -DESCRIBED TRACT OF LAND -
67 8
AND:67.8 ACRES OF LAND LOCATED IN THE GEORGE FI ZHUGH SURVEY,
ABSTRACT NO. 320 AND THE GABRIEL Fn`LHUGH SURVEY, ABSTRACT
NO. 318, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR
EXHIBIT 'A' LAND USE PIAN, EXHIBIT 'B' AREA AND USE
REGULATIONS, AND EXMIT 'C LEGAL DESCRIPTION PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR
A SEVERABILITY 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 @ven the requisite notices by publication and otherwise, and after holding due hearings and
affording 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 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,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended be and the same is hereby revised by amending the Zoning Map of the City of
Allen to give a 67.8 acre tract of land in the George Fitzhugh Survey, Abstract No. 320, and the Gabriel
Fitzhugh Survey, Abstract No. 318, City of Allen, Collin County, Texas, the following zoning
classification, to -wit:
That the area be and the same is hereby zoned as Flood Plain -Planned Development No.
75 (FP -PD No. 75) for Single Family.
SECTION 2 The approved Land Use Plan and the Area and Use Regulations attached hereto as
Exhibits 'A" and "B," respectively, are made a part hereof for a0 purposes and shall be adhered to in
their entirety.
SECTION3: The Legal Description attached hereto as Exhibit "C" is made a part hereof for a8
purposes and 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.
1425-5-96 of the City of Allen, as prewously 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& 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 COUNCB.OFTHE CITY OF ALIEN, TEXAS,
ON THE 5TH DAY OF NOOMM , 1998.
APPROVED:
'4 / ""
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' A. :ATTORNEY JuW Mo n, CMC, CITY SECRETARY
Ordinance No. 1650-11-98 Page 2
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USE AND AREA REGULATIONS
IPFP-P.D.- SF
1. USES: This tract shall be developed for single-family, detached dwellings
and other permitted uses in accordance with the "R-2" Single Family
Residential District Regulations, Section 3.01 (B) of the City of Allen
Comprehensive Zoning Ordinance except as modified herein.
2. DENSITY: The maximum number of all units shall not exceed 139 units.
3. LOT AREA: The minimum lot area shall be in accordance with the "R -T'
Single Family Residential District Regulations, Section 3.01 (B) of the
City of Allen Comprehensive Zoning Ordinance, except as provided
below and illustrated on the attached Land Use Plan.
a. Minimum lot size shall be 40,000 square feet along the southern
border and northwestern boarder (not adjacent to the Lovejoy
School District) and the western boarder.
b. Minimum lot size of 18,000 square feet along the remaining
perimeter of the property.
C. All lots internal to the site shall have a minimum lot size of 12,000
square feet.
4. LOT WIDTH: The minimum lot width shall be 80 feet which is in
accordance with the "R-3" Single Family Residential District Regulations,
Section 3.01 (C) of the City of Allen Comprehensive Zoning Ordinance,
except cul-de-sac lots, may have a minimum lot width of 70 feet at the
building line.
5. LOT DEPTH: The depth of lot shall be 120 feet, in accordance with the
"R-2" Single Family Residential District Regulations, Section 3.01 (B) of
the City of Allen Comprehensive Zoning Ordinance
6. MINIMUM BUILDING SIZE: The minimum floor area of any dwelling
shall be two thousand (2,000) square feet exclusive of garages, breeze
ways and porches, in accordance with the "R-2" Single Family Residential
District Regulations, Section 3.01 (B) of the City of Allen Comprehensive
Zoning Ordinance
7. DEVELOPMENT REGULATIONS: All other uses, height, and building
regulations are as outlined in the"R-2" Single Family Residential District
Regulations:
a) Front yard: There shall be a minimum front yard having a depth of not
less than 30 feet.
b) 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
Exhibit "B"
Area $ Use Regulations
adjacent to a side street shall not be less than 15 feet.
c) Rear Yard: There shall be a rear yard having a depth of not less than
25 feet.
d) Height regulations: No building shall exceed 35 feet or 2 1/2 stories in
height.
e) Type of materials: All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete,
stone, or similar materials.
8. OPEN SPACE: There shall be a minimum of 2.0 acres of open
space/landscaped area which shall be provided as illustrated on the Land
Use Plan, and shall be maintained by the Homeowner's association.
9. At the time of platting, Lovejoy school will approve access points.
10. A Facilities Agreement will be entered into between the developer and the
City of Allen, prior to approval of a final plat on the property.
_ 11. The attached Land Use Plan and Landscape Plan shall be attached to and
made a part of the ordinance. _
12. The flood plain area will be designated on the final plat.
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Exhibit "C"
LEGAL DESCRIPTION
Legal Description
L� BEING, a tract of land situated in the George Fitzhugh Survey, Abstract No. 320 and the Gabriel
Fitzhugh Survey, Abstract No. 318, in Collin County, Texas, and a part of a called 84.84 acre
tract to E. S. Smith as described in Volume 404, Page 25 of the Deed Records of Collin County,
Texas, being more particularly described as follows:
BEGINNING, at the northwest corner of the aforementioned Smith tract;
THENCE, North 90°00'00" East, with the north line of said tract for a distance of 318.33 feet to
the northwest comer of a 6.00 acre tract to the Lovejoy Independent School District as described
in Volume 880, Page 203, of said Deed Records;
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THENCE, South 13°00'00" West, with the west line of the 6.00 acre tract, for a distance :of
301.95 feet to the southwest comer of said tract, same being the east comer of a 0.868 acre tract
to the Lovejoy Independent School District as described in County Clerks File No. 95-0083288 of
said Deed Records;
THENCE, South 86°57'12" East, with the 0.868 acre tract, for a distance of 1194.92 feet to the
west line of FM 1378 (Country Club Road);
THENCE, South 13 °00'00" East, with the west line of FM 1378 for a distance of 316.46 feet;
Lop THENCE, South 14°20'18" East, continuing with the west line for a distance of 1322.39 feet to
the south line of the 84.84 acre Smith tract;
THENCE, with the southerly lines of the Smith tract the following 7 calls;
South 83°20'00" West, 501.65 feet
South 72" 15'00" West, 411.84 feet
South 83°20'00" West, 118.14 feet
North 75°30'00" West, 162.36 feet
North 00°00'00" West, 314.16 feet
North 82045'00" West, 359.04 feet
North 90°00'00" West, 465.30 feet
THENCE, North 00"15'56" East, with the west line of the Smith tract for a distance of 1745.70
feet to the POINT OF BEGINNING containing 67.80 acres of land, more or less.
Bearings referenced to Volume 404, Page 25.
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