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O-1640-10-98ORDINANCE NO. 1640-10-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY ESTABLISHING PERMANENT ZONING, TO WIT-PLANNED DEVELOPMENT' NO. 70 (PD NO. 70), ON THE FOLLOWING- DESCRIBED TRACT OF LAND: 64.09 ACRES IN THE D. B. HEARNE SURVEY, ABSTRACT' NO. 427, CITY OF ALLEN, COLIIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT' •A' LAND USE PIAN, EXHIBIT 'B' AREA AND USE REGULATIONS, AND EXHIBIT 'C LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 given 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 should be changed. NOW, THEREFORE, BE TT 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, amended by changing the Zoning Map of the City of Allen to give 64.09 acres of land located in the D. B. Hearne Survey, Abstract 427, City of Allen, Collin County, Texas, the following permanent zoning classification, to -wit: That the area be and the same is hereby zoned as Planned Development No. 70 (PD No. 70). SECTION 2: The Land Use Plan and Area and Use Regulations attached hereto as Exhibits "A" and "B," respectively, are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION3: The property described in Exhibit "C" as 64.09 acres of the D. B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas, 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4: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 S: 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 (mown the affected parts would be held unconstitutional. SECTION 6: 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. ' SEMON 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 CM COUNCIL OF THE CITY OF ALLEN, TEXAS, ONTHEIST DAYOF OCTOBER ,1995, APPROVED. Stephen�errell, MAYOR' ATTEST: OrdinanceNo. 1640-10-98 Page 2 � ssnr Aw uPaSllor6 I I1t91�if I y •• ei ___� ___ 1 3e tl If I • ��VE ��. Il yg I EI E III I I I I I �I sl I I I I I I 1 PROPOSED PLANNED DEVELOPMENT STANDARDS REED FANMY PROPERTY 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: Area Regulations: Lots shall be a minimum of 6,000 square feet, and developed in conformance with the R-6 regulations with Section 3.01((F) of the Comprehensive Zoning Ordinance (Ordinance No. 1425-5-96) General Regulations: 1. A maximum of 162 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. 11 4. An SUP shall be required for a service station in the LR tract. 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. 0 Page 6 EXHIBIT B Ordinance No. 1640-10-98 I FGA 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, s2133.81 feet to the northwest comer of said 64 acre tract of land, point being in the center of Bethany Rood; 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 Farm—to—Market Highway No. 2551; of and nd THENCE hel centerinethe ast line sid 64 acre of Fame ftoaMarket Highway tNo. 1 a 2551 as follows: South 00 degrees 23 minutes 36 seconds East. 1541.39 feet to a paint 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 C Ordinance No. 1640-10-98