O-1649-10-98ORDINANCE NO. 1649-10-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED BY APPROVING FLOOD PLAIN MANNED
DEVELOPMEN17 NO. 73 (FP -PD NO. 73) ON TRACT ONE AND CORRIDOR
COMMERCIAL (CC) ON TRACT TWO OF THE FOLLOWING-DFSCRIBED
TRACT OF LAND- 69.6 ACRES OF LAND LOCATED IN THE T. G.
KENNEDY SURVEY, ABSTRACT NO. 500, THE D. H. NIX SURVEY,
ABSTRACT NO. 689, AND THE MICHAEL SEE SURVEY, ABSTRACT NO.
543, AND 423 ACRES OF LAND LOCATED IN THE T. G. KENNEDY
SURVEY, ABSTRACT NO. 500. CITY OF ALIEN, COVIN COUNTY, TEXAS;
PROVIDING FOR EXHIBIT 'A" LAND USE PLAN, EXHIBIT` B" AREA AND
USE REGULATIONS, AND EXHMrr "C LEGAL DESCRIPTION; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS (52,000.00) 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 Cityof Allen,
have piven 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 ALIEN,
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 approving Flood Plain -Planned Development
No. 73 (FP -PD No. 73) on Tract One and Corridor Commercial (CC) on Tract Two of the following -
described tract of land: 69.6 acres of land located in the T. G. Kennedy Survey, Abstract No. 500, the
D. H. Nix Survey, Abstract No. 688, and the Michael See Survey, Abstract No. 543, and 42.3 acres of
land in the T. G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas.
SECTION 2: The approved Land Use Plan for Tracts One and Two and the Area and Use
Regulations for Tract One, attached hereto as Exhibits "A" and "B," respectively, are made a part hereof
for a0 purposes and shall be adhered to in their entirety.
SECITON3: The Legal Description attached hereto as Exhibit "C" is made a part hereof for a0
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.
SECIION5: 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 ($2,000.00) for each offense.
SECITON& 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 pans
would be held unconstitutional.
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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 COUNaLOF THE CITY OF ALIEN, TEXAS,
ON THE15 th DAY OF OCTOBER 1998.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Ordinance No. 1649-10-98 Page 2
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ORDINANCE NO 2649-10-98
e 3 EXHIBIT W, LAND USE PIAN
USE AND AREA REGULATIONS FOR
'
TRACT 1
1. USES: This tract shall be developed for single-family, detached dwellings
and other permitted uses in accordance with the "R -S' Single Family
Residential District Regulations, Section 3.01 (E) of the City of Allen
Comprehensive Zoning Ordinance except as modified herein.
2. DENSITY: The maximum number of all units shall not exceed 236 units.
3. LOT AREA: The minimum lot area shall be in accordance with the "R -S'
Single Family Residential District Regulations, Section 3.01 (E) of the
City of Allen Comprehensive Zoning Ordinance
4. LOT WIDTH: The width of the lot shall be in accordance with the "R-5"
Single Family Residential District Regulations, Section 3.01 (E) of the
City of Allen Comprehensive Zoning Ordinance
5. LOT DEPTH: The depth of lot shall be in accordance with the "R-5"
Single Family Residential District Regulations, Section 3.01 (E) 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. Houses on lots immediately contiguous to single
family lots in Watters Crossing shall have a minimum floor area of two
thousand, five hundred (2,500) square feet.
7. DEVELOPMENT REGULATIONS: All other uses, height, and building
regulations are as outlined in the"R-5" Single Family Residential District
Regulations.
8. TREE LINE PRESERVATION: The existing tree line along the northern
property line will be maintained to the extent possible in accordance with
the Tree preservation and protection section of the Zoning Ordinance
Section 3.05.7.G.(7).
Ordinance No. 1649-10-98
EXFIIBIT B
ORDINANCE NO .1649-10-98
EXHIBIT "C", LEGAL DESCRIPTION
ZONING TRACT 1
BEING A 69.6 ACRE TRACT OF LAND SITUATED IN THE T.G. KENNEDY SURVEY,
ABSTRACT NO. 500, THE D. H. NIX SURVEY ABSTRACT NO. 688, AND THE MICHAEL SEE
SURVEY ABSTRACT NO. 543, COLLIN COUNTY, TEXAS AND BEING A PART OF TRACTS
Al, B AND F AS DESCRIBED IN A DEED TO MONTGOMERY FARM COMPANY,
RECORDED IN VOLUME 1033, PAGE 891 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS(DRCCT). BEARING BASIS IS THE EAST LINE OF SAID TRACT F. SAID 69.6 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A POINT FOR THE NORTHEAST CORNER OF SAID TRACT F;
THENCE N 88°54'38" W, WITH THE NORTH LINE OF SAID TRACT F A DISTANCE OF
2092.33 FEET TO A POINT;
THENCE N 01'05'22" E, A DISTANCE OF 60.00 FEET TO A POINT IN THE PROPOSED
NORTH RIGHT-OF-WAY(ROW) LINE OF BETHANY ROAD(A PROPOSED 120 FOOT ROW)
AND BEING THE POINT OF BEGINNING SAID POINT BEING THE SOUTHEAST CORNER
OF THE HEREIN DESCRIBED TRACT;
' THENCE ALONG SAID PROPOSED ROW THE FOLLOWING NINE COURSES AND
DISTANCES;
N 88054'38"W, A DISTANCE OF 23.06 FEET TO A POINT,
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 660.00 FEET, A DELTA
ANGLE OF 18°22'17", A LONG CHORD THAT BEARS S 81.54'14" W A DISTANCE
OF 210.72 FEET, AN ARC DISTANCE OF 211.62 FEET TO A POINT,
S 72°43'05" W, A DISTANCE OF 590.36 FEET TO A POINT,
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 790.00 FEET, A DELTA
ANGLE OF 17'31'55", A LONG CHORD THAT BEARS S 81 "29'03" W A DISTANCE
OF 240.79 FEET, AN ARC DISTANCE OF 241.73 FEET TO A POINT,
N 89°44'59" W. A DISTANCE OF 1133.84 FEET TO A POINT,
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 840.00 FEET, A DELTA
ANGLE OF 24°27'17", A LONG CHORD THAT BEARS N 77°31'21" W A DISTANCE
OF 355.81 FEET, AN ARC DISTANCE OF 358.53 FEET TO A POINT,
N 65017'42" W, A DISTANCE OF 388.88 FEET TO A POINT,
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2440.00 FEET, A DELTA
ANGLE OF 12051'39", A LONG CHORD THAT BEARS N 58051'53" W A DISTANCE
OF 546.54 FEET, AN ARC DISTANCE OF 547.69 FEET TO A POINT, AND
\GE 1 OF 10
N 52°26'04" W, A DISTANCE OF 348.94 FEET TO A POINT,
THENCE N 00°29'59" W, LEAVING SAID PROPOSED NORTH ROW A DISTANCE OF 6.26
FEET TO A POINT;
THENCE S 89° 14'59" E, A DISTANCE OF 792.00 FEET TO A POINT;
THENCE S 89°44'59" E, A DISTANCE OF 1565.52 FEET TO A POINT;
THENCE N 00°00'01" E A DISTANCE OF 550.00 FEET TO A POINT;
THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3336.63
FEET, A DELTA ANGLE OF 13°27'16", A LONG CHORD THAT BEARS S 74°48'22" E A
DISTANCE OF 781.73 FEET, AN ARC DISTANCE OF 783.53 FEET TO A POINT;
THENCE NORTH, A DISTANCE OF 860.00 FEET TO A POINT;
THENCE N 88°45'01" E, A DISTANCE OF 475.00 FEET TO A POINT;
THENCE S 00°59'59" E, A DISTANCE OF 792.00 FEET TO A POINT;
THENCE S 00°44'59" E, A DISTANCE OF 912.55 FEET TO THE POINT OF BEGINNING,
' AND CONTAINING 69.6 ACRES OF LAND, MORE OR LESS, THIS DESCRIPTION AND OR
EXHIBIT HEREIN IS NOT THE RESULT OF AN ON THE GROUND SURVEY BY
"CARTER AND BURGESS". THIS DOCUMENT WAS CREATED FROM PUBLIC RECORDS
(DEED RECORDS OF COLLIN COUNTY, TEXAS) AND IS NOT INTENDED FOR USE AS
DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES
ACT. ARTICLE 5282C V.T.C.S. (revised).
PROPERTY DESCRIPTION
ZONING TRACT AL
BEING A 42.3 ACRE TRACT OF LAND SITUATED IN THE T.G. KENNEDY SURVEY,
ABSTRACT NO. 500, COLLIN COUNTY, TEXAS, BEING A PART OF TRACT F AS
DESCRIBED IN A DEED TO MONTGOMERY FARM COMPANY RECORDED IN VOLUME
1033, PAGE 891 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS(DRCCT).
BEARING BASIS IS THE EAST LINE OF SAID TRACT F. SAID 42.3 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT F;
THENCE S 01'05'22" W, WITH THE EAST LINE OF SAID TRACT F A DISTANCE OF 60.00
FEET TO THE POINT OF BEGINNING, BEING THE NORTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT, SAID POINT BEING IN THE PROPOSED SOUTH RIGHT-OF-
WAY(ROW) LINE OF BETHANY ROAD(A PROPOSED 120 FOOT ROW);
THENCE S 01 °05'22" W, CONTINUING WITH THE EAST LINE OF SAID TRACT F A
DISTANCE OF 2316.00 FEET TO A POINT BEING THE SOUTHEAST CORNER OF SAID
TRACT F;
THENCE N 88°54'38" W, ALONG THE SOUTH LINE OF SAID TRACT F A DISTANCE OF
' 569.91 FEET TO A POINT IN LITTLE ROWLETT CREEK, SAID POINT BEING THE
SOUTHWEST CORNER OF SAID TRACT F, SAID POINT BEING IN THE EAST LINE OF A
CALLED 111.43 ACRE TRACT OF LAND AS DEEDED TO SOUTHWEST GUARANTY
TRUST COMPANY, RECORDED IN COUNTY CLERKS FILE (CC) NO. 96-0105327, OF THE
REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS(RPRCCT);
THENCE IN A NORTHWESTERLY DIRECTION WITH THE MEANDERS OF LITTLE
ROWLETT CREEK BEING A WEST LINE OF TRACT F, SAME BEING AN EAST LINE OF
SAID 111.43 ACRE TRACT THE FOLLOWING EIGHT COURSES AND DISTANCES;
N 19°48'16" E A DISTANCE OF 192.42 FEET TO A POINT,
N 16°56'44" W A DISTANCE OF 130.00 FEET TO A POINT,
N 20°48'16" E A DISTANCE OF 144.00 FEET TO A POINT,
N 01'03'16" E A DISTANCE OF 44.00 FEET TO A POINT,
N 26°2644" W A DISTANCE OF 297.00 FEET TO A POINT,
N 26°56'44" W A DISTANCE OF 162.00 FEET TO A POINT,
N 00"11'44" W A DISTANCE OF 122.25 FEET TO A POINT, AND
' N 18°57'19" WA DISTANCE OF 1390.41 FEET TO A POINT FOR THE NORTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT BEING IN THE SOUTH
LINE OF SAID BETHANY ROAD,
' THENCE S 88°54'38" E, WITH THE SAID ROW LINEA DISTANCE OF 1200.00 FEET WITH
THE SAID SOUTH ROW LINE TO THE POINT OF BEGINNING AND CONTAINING 42.3
ACRES OF LAND MORE OR LESS. THIS DESCRIPTION AND OR EXHIBIT HEREIN IS NOT
THE RESULT OF AN ON THE GROUND SURVEY BY "CARTER AND BURGESS'. THIS
DOCUMENT WAS CREATED FROM PUBLIC RECORDS(DEED RECORDS OF COLLIN
COUNTY, TEXAS) AND IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF
THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S.
(revised).
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