O-1638-10-98ORDINANCE NO. 1638-10-98
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: FLOOD PLAIN -PLANNED DEVELOPMENT NO. 72 (FP -PD NO. 72), ON
TRACTS Al, A2 AND A4, AND CORRIDOR COMMERCIAL. (CC) ON TRACTS
Bl AND B2, AND RFSIDENTIALS (R-5) ON TRACT B3, ALL OF WHICH ARE
LOCATED ON THE FOLLOWING -DESCRIBED TRACT OF LAND- 355.1919
ACRES IN THE J. W. PARSONS SURVEY, ABSTRACT NO. 705, THE H.
BRANDENBURG SURVEY, ABSTRACT NO. 110, AND THE IL SEABORN
AND ROBERT CLEMIEN S SURVEY, ABSTRACT NO. 879, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'A" LAND USE
PLAN, EXHIBIT B" AREA AND USE REGULATIONS, AND EXHIBIT 'C
FAA HEIGHT RESTRICIIONS RELATING TO IOTTYHAWK ESTATES, AND
EXHIBIT 9LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF
FIVE 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.
' WIEIREAS, 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,
havegen 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN,
TEXAS, THAT•.
SECITON 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the Cit�r of Allen, Texas, as
previously amended, be, and the same is hereby, amended by changing the Zoning Map of the City of
Allen to establish permanent zoning classifications, to -wit: Flood Plain -Planned Development No. 72
(FP -PD No. 72) on Tracts Al, A2 and A4; Corridor Commercial (CC) on Tracts Bl and B2; and,
Residential -5 (R-5) on Tract B3; on the following -described tract of land: 355.1919 acres in the J. W.
Parsons Survey, Abstract No. 705, the H. Brandenburg Survey, Abstract No. 110, and the H. Seaborn
and Robert Clements Survey, Abstract No. 879, City of Allen, Collin County, Texas.
SECIYON 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.
SECTION 3: The height restrictions relating to LGttyHawk Estates, attached hereto as Exhibit "C,"
shall be adhered to in its entirety.
SECTION 4: The property described in Exhibit "D" shall be used in the manner and for the purposes
provided for as approved herein.
' SECTION 5: 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 6. 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.
F
SECTION 7. 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.
SECTIONS: 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 OFTHE CITY OF ALLEN, TEXAS,
ONTHE 1ST DAYOF OCTOBER ,199&
O AS-TO,FORM-
A. Don ATTORNEY
Stephen Terrell, MAYOR
ATTEST,
Ordinance No. 1638-10-98 Page 2
a
i
0
a
8v.
Z
WN ! E
SO d Z iL I-
W y
IL o�
a
3
E
�N`
a
w OQ
M00.
F
m
as
x
U
w
a
3
E
EXHIBIT B
PLANNED DEVELOPMENT
DISTRICT REQUIREMENTS
TRACT Al
USE AND AREA
REGULATIONS
Boundary - The following regulations shall apply to that property as identified on Exhibit
A and the accompanying boundary description. In the event that the alignment of Alma
Road changes, the boundary of this tract shall change accordingly. The alignment of
Alma Road shall be determined at the time of platting of this property, or at the time of
platting of the right-of-way for Alma Road.
Development Regulations - Development shall take place in accordance with Section
3.01 (T), "CC" Corridor Commercial District Regulations, of the City of Allen
Comprehensive Zoning Ordinance, except as follows.
1. At the time of platting of the first property adjacent to Alma Drive, and/or adjacent to
Ridgeview Drive, within 500 feet of Alma Drive, a one (1) acre lot shall be made
available for acquisition for a fire station site. If a fire station site is otherwise
acquired in this general area, then this condition shall no longer apply.
I
TRACT A2
USE AND AREA
REGULATIONS
Boundary - The following regulations shall apply to that property as identified on Exhibit
A and the accompanying boundary description. In the event that the alignment of Alma
Road changes, the boundary of this tract shall change accordingly. The alignment of
Alma Road shall be determined at the time of platting of this property, or at the time of
platting of the right-of-way for Alma Road.
Development Regulations - Development shall take place in accordance with Section
3.01 (T), "CC" Corridor Commercial District Regulations, of the City of Allen
Comprehensive Zoning Ordinance, except as follows.
1. At the time of platting of the first property adjacent to Alma Drive, and/or adjacent to
Ridgeview Drive, within 500 feet of Alma Drive, a one (1) acre lot shall be made
available for acquisition for a fire station site. If a fire station site is otherwise
acquired in this general area, then this condition shall no longer apply.
Ordinance No. 1638-10-98
9 SEP 98
RFA #98002
' TRACT A4
USE AND AREA
REGULATIONS
Bounda y — The following regulations shall apply to that property as identified on Exhibit
A and the accompanying boundary description. In the event that the alignment of Alma
Road changes, the boundary of this tract shall change accordingly. The alignment of
Alma Road shall be determined at the time of platting of this property, or at the time of
platting of the right-of-way for Alma Road.
1. At the time of platting of the first property adjacent to Alma Drive, and/or adjacent to
Ridgeview Drive, within 500 feet of Alma Drive, a one (1) acre lot shall be made
available for acquisition for a fire station site. If a fire station site is otherwise
acquired in this general area, then this condition shall no longer apply.
2. All land in Tract A4 within the 100 -year floodplain shall be dedicated to the City of
Allen per the city's standard requirements. In addition, all open space shall be
provided per the city's standard requirements.
3. The property within this tract, west of the centerline of the Watters Branch shall be
zoned FP -R-5. Development shall take place in accordance with Section 3.01(E)
R-5" Single -Family Residential District Regulations, of the City of Allen
Comprehensive Zoning Ordinance, as amended, with the following exceptions;
A. A discontinuous, single -loaded street shall be provided adjacent to the Watters
Branch flood plain. The street shall be within 50' of right-of-way, and shall be 31'
wide.
B. The first row of lots immediately adjacent to the street, or the equivalent depth
thereof, if such lots do not front the street, shall have a minimum area of 9,000
square feet.
C. The second and third row of lots adjacent to the street, or the equivalent depth
thereof, if such lots do not run perpendicular to the street, shall have a minimum
area of 8,500 square feet.
4. The property within this tract, east of the centerline of the north/south collector as
shown on Exhibit A, shall be zoned R-5. Development shall take place in
accordance with Section 3.01(E) "R-5" Single -Family Residential District
Regulations, of the City of Allen Comprehensive Zoning Ordinance, as amended.
5. The property within this tract, east of the centerline of the Watters Branch and west
of the proposed north/south collector as shown on Exhibit A shall be dually zoned
FP -CF and FP -R-5 and shall be developed in accordance with the following
stipulations:
Ordinance No. 1638-10-98
A. For a time period not to exceed two (2) years from the date of adoption of this
ordinance, if development takes place, it shall be for a city park in accordance with
Section 3.01 (Z), "CF" Community Facilities District Regulations, of the City of Allen
Comprehensive Zoning Ordinance, as amended. If the property is purchased by the
City of Allen within this two (2) year period, when developed, development shall be
for a community park.
B. If within two (2) years after the date of adoption of this ordinance, the City of Allen
acquires a community park site for this area of the city other than those identified on
its Comprehensive Plan, and it is not located on this property, development shall be
allowed in accordance with Section 3.01(E) 'R-5" Single -Family Residential District
Regulations, of the City of Allen Comprehensive Zoning Ordinance, as amended.
C. After two (2) years from the date of adoption of this ordinance, in the event the site
has not been acquired for a community park by the City of Allen, development shall
be allowed in accordance with Section 3.01(E) "R-5" Single -Family Residential
District Regulations, of the City of Allen Comprehensive Zoning Ordinance, as
amended. However, in the event that good faith negotiations are taking place
between the city and the property owner with respect to the city acquiring this
property for a community park, this paragraph shall not apply.
6. If development of a community park occurs on this property, it shall meet all glare or
light shielding requirements of the City of Allen as of the date of adoption of this
ordinance. If the lighting requirements change after the date of adoption of this
ordinance, the more restrictive requirements between the two shall apply.
7. Any light source located east of the Watters Branch relating to such
recreation/sports facility shall be shielded, designed, and/or positioned so that the
light emitting from such source does not negatively impact property west of the
Watters Branch.
GENERAL CONDITIONS
1. The maximum height of structures shall comply with the height restrictions
established in Exhibit C of this ordinance or future FAA restrictions, if applicable. If
there is a conflict between these two regulations, the most restrictive shall apply. In
the event that Kitty Hawk airstrip is no longer in use, building heights shall be
controlled by the zoning ordinance regulations.
2. A facilities agreement shall be executed between the city and the property owner
prior to a final plat of any property within this planned development.
3. All right-of-way that is required to serve adjacent properties shall be dedicated at the
time of final platting of those properties.
Ordinance No. 1638-10-98
KITTY HAWK RUNWAY HEIGHT RESTRICTIONS
J
;orridor Commercial (CC) -
Planned Developmer
FP -Community Facilities
FP -Single Family (R
'
%A
nned Development
Dpping Center (SC)
F)I
I�2 I2 'Ow Maximum Height
0
SB1
so
190I 1
11 . V
Ordinance PIo. 1638-10-98
002 EXHIBIT C.
r-�
Pitl.vC f�rva NdJt..t Ma
pxrw we ivaa
TRACT A
it
SITUATED in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and
in the H. Brandenburg Survey, Abstract No. 110, being described as follows:
BEGINNING at an iron pin set at the northwest comer of said tract in the north
line of said Parsons Survey; same being in the center of a north -south rock road;
Thence Easterly with the North line of said tract, with an established fence and
hedge row as follows:
North 890 06' 12" East 506.65 feet; North 89° 18' 54" East 543.5 feet; North
89° 01' 43" East 844.96 feet; North 89° 21' 31" East 678.48 feet; North 880 39'
24" East 350.76 feet; North 89° 15' 15" East 1640.09 feet; South 89° 29' 33"
East 482.49 feet; North 88° 30' East 267.62 feet to an iron pin set at the
Northeast corner of said tract for a corner;
Thence South 10 18' 37" East 817.70 feet with the East line of said tract and with
as established fence to an existing iron pipe for a corner;
Thence South 890 14'34" West 788.91 feet to a point for a comer;
Thence South 10 21' 30" East 328.51 feet to an existing iron pipe;
Thence South 00 24'21 " East 619.11 feet to a point for a corner;
Thence South 890 11' 41" West 4522.47 feet to an iron pin in the center of a
North-South rock road for a corner,
Thence Northerly with the West line of said tract as follows:
North 1° 03'38" West 619.11 feet; North 10 04' 19" West 592.56 feet; North 1-
10' 07" West 558.99 feet to the PLACE OF BEGINNING and containing
198.9919 acres of land.
98002 RFA, Inc 17 MAR 98
EXHIBIT D
Ordinance No. 1638-10-98
TRACT Al
SITUATED in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and
in the H. Brandenburg Survey, Abstract No. 110, being described as follows:
BEGINNING at an iron pin set at the northwest corner of said tract in the north line of
said Parsons Survey; same being in the center of a north -south rock road;
THENCE Easterly with the North line of said tract, with an established fence and hedge
row North 890 06' 12" East 360 feet to a point in the centerline of the projection of Alma
Road;
THENCE southeasterly along the centerline of the projection of Alma Road to its
intersection with the centerline of proposed Ridgeview Drive 360 feet to a point for
corner;
THENCE southwesterly along the centerline of proposed Ridgeview Drive to its
intersection with the centerline of a north -south rock road 780 feet to a point for corner;
THENCE North 100419" West 301.67 feet along the centerline of a north -south rock
road;
THENCE North 1010'07" West 558.99 feet to the PLACE OF BEGINNING and
containing 11.03 acres more or less.
IEXHIBIT D
Ordinance No. 163E-10-0€
99002 RFA, Inc 17 MAR 98
TRACT A2
SITUATED in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and
in the H. Brandenburg Survey, Abstract No. 110, being described as follows:
COMMENCING at an iron pin set at the northwest corner of said tract in the north line of
said Parsons Survey; same being in the center of a north -south rock road;
THENCE Easterly with an established fence and hedge row North 890 06' 12" East 360
feet to a point in the centerline of the projection of Alma Road, said point being the
POINT OF BEGINNING;
THENCE North 89006'12" 146.65 feet;
THENCE North 89°18'54" 543.5 feet;
THENCE North 89001'43" East 550 feet to a point, said point being the centerline of
proposed Ridgeview Drive;
THENCE in a southwesterly direction along the centerline of proposed Ridgeview Drive
850 feet to a point for comer, said point being the intersection of the centerline of
proposed Ridgeview Drive and the centerline of the Alma Road extension;
THENCE in a northwesterly direction along the centerline of the Alma Road extension
360 feet to the POINT OF BEGINNING and containing 11.12 acres more or less.
11
38092 RFA, Inc 17 MAR 98
EXHIBIT D
Ordinance NO. 1638-10-98
TRACT A3
SITUATED in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and
in the H. Brandenburg Survey, Abstract No. 110, being described as follows:
BEGINNING at the intersection of the centerline of proposed Ridgeview Drive and the
centerline of the Alma Road extension;
THENCE in a southeasterly direction along the centerline of the Alma Road extension
1900 feet to a point for corner;
THENCE South 89°1141" West 2232.47 feet to an iron pin in the center of a norht.
south rock road for a corner;
THENCE North 1°03'38" West 619.11 feet;
THENCE North 1004'19" West 290.89 feet to a point for corner, said point being the
centerline of the proposed Ridgeview Drive;
THENCE northeasterly along the centerline of the proposed Ridgeview Drive 780 feet to
the POINT OF BEGINNING containing 31.97 acres more or less.
EXHIBIT D
Ordinance No. 1638-10-98
102 RFA. Inc 17 MAR 98
LTRACT A4
SITUATED in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and
in the H. Brandenburg Survey, Abstract No. 110, being described as follows:
11
BEGINNING at the intersection of the centerline of proposed Ridgeview Drive and the
centerline of the Alma Road extension;
THENCE in a northeasterly direction along the centerline of proposed Ridgeview Drive
850 feet to a point for corner;
THENCE North 89°01'43" East 294.96 feet;
THENCE North 89°21'31" East 678.48 feet;
THENCE North 88039'24" East 350.76 feet;
THENCE North 89°15'15" East 1640.09 feet;
THENCE South 89°29'33" East 482.49 feet;
THENCE North 88030'00" East 267.62 feet to an iron pin set for a corner;
THENCE South 1°18'37" East 817.70 feet with an established fence to an existing iron
pipe for a corner;
THENCE South 89° 14' 34" West 788.91 feet to a point for a corner;
THENCE South 10 21' 30" East 328.51 feet to an existing iron pipe;
THENCE South 00 24'21" East 619.11 feet to a point for a comer,
THENCE South 890 11' 41" West 2290 feet to a point for corner, said point being the
intersection with the centerline of the Alma Road extension;
THENCE northwesterly along the centerline of the Alma Road extension 1900 feet to
the PLACE OF BEGINNING containing 144.87 acres more or less.
98002 RFA, In 17 MAR 98
EXHIBIT D
Ordinance No. 1638-10-98
ITRACT B
SITUATED in Collin County, Texas, out of the H. Seaborn and Robert T. Clements
Survey, Abstract No. 879 and being more particularly described as follows:
BEGINNING at the original southeast corner of said Seaborn and Clements Survey;
Thence South 890 07' West 2640.00 feet along the southern boundary line of said
Seabom and Clements Survey to the southwest corner thereof;
Thence North 00 54' West 2577.30 feet along the west line of said Seaborn and
Clements Survey to the northwest corner of the tract, said corner being in the center line
of a 50 foot public road extended;
Thence North 890 07' East 2640.00 feet along said center line of 50 foot public road and
the north line of said tract to the northeast corner thereof, said corner being at he
intersection of said center line with a line in another public road running in a north and
south direction, more or less;
Thence South 00 54' East along said line in said road which is the east line of said tract,
2577.30 feet to the PLACE OF BEGINNING and containing 156.20 acres of land.
EXHIBIT D
Ordinance No. 1638-10-98
98002 RFA, Inc 17 MAR 98
I
TRACT 61
SITUATED in Collin County, Texas, out of the H. Seabom and Robert T. Clements
Survey, Abstract No. 879 and being more particularly described as follows:
BEGINNING at the intersection of the center line of a 50 foot public road extended and
the centerline of the Stacy Road extension;
ext
THENCE in a southeasterly direction along the centerline of the Stacy Road ension
1290 feet to a point for cornersaid point being the intersection of the Ste
extension centerline and the centerline, of the proposed Ridgeview Drive; cy Road
THENCE in a southwesterly direction along the centerline of the proposed Ridgeview
Drive 710 feet to a point for corner;
THENCE North 0°54'00" West 1395 feet to the PLACE OF BEGINNING containing 9.41
acres more or less.
02 RFA, Inc 17 MAR 98
EXHIBIT D
Ordinance T!o. 163£-10-98
' TRACT B2
SITUATED in Collin County, Texas, out of the H. Seaborn and Robert T. Clements
Survey, Abstract No. 879 and being more particularly described as follows:
BEGINNING at the intersection of the center line of a 50 foot public road extended and
the centerline of the Stacy Road extension;
THENCE North 890 07' East 2640.00 feet along said center line of 50 foot public road to
a point for corner, said comer being at the intersection of said center line with a line in
another public road running in a north and south direction, said point also being at the
intersection with the centerline of proposed Ridgeview Drive;
THENCE in a southwesterly direction along the centerline of proposed Ridgeview Drive
2245 feet to a point for comer, said point being the intersection of the proposed
Ridgeview Drive and the centerline of the Stacy Road extension;
THENCE in a northwesterly direction along the centerline of the Stacy Road extension
1290 feet to the POINT OF BEGINNING containing 25.68 acres more or less.
' EXHIBIT D
Ordinance No. 1635-10-92
96002 RFA, Int 17 MMR 98
' TRACT B3
SITUATED in Collin County, Texas, out of the H. Seaborn and Robert T. Clements
Survey, Abstract No. 879 and being more particularly described as follows:
I
BEGINNING at the intersection of the centerline of proposed Ridgeview Drive and the
centerline of the Stacy. Road extension;
THENCE southwesterly along the centerline of the Stacy Road extension 2620 feet to a
point for corner;
THENCE South 89°07'00" West 2640.00 feet to a point for corner;
THENCE North 0°54'00" West 1182.30 feet to a point for corner, said point being at the
intersection with the proposed Ridgeview Drive extension;
THENCE northeasterly along the centerline of proposed Ridgeview Drive 710 feet to the
POINT OF BEGINNING containing 40.61 acres more or less.
98002 RFA, Inc 17 MAR 98
EXHIBIT D
Ordinance No. 1638-10-98
TRACT B4
SITUATED in Collin County, Texas, out of the H. Seaborn and Robert T. Clements
Survey, Abstract No. 879 and being more particularly described as follows:
BEGINNING at the intersection of the centerline of proposed Ridgeview Drive and the
centerline of the Stacy Road extension;
THENCE in a northeasterly direction along the centerline of proposed Ridgeview Drive
2245 feet to a point for comer;
THENCE South 0°54'00" East 2577.30 feet along a line in a north -south road to a point
for corner, said point being at the intersection with the centerline of the Stacy Road
extension;
THENCE northwesterly along the centerline of the Stacy Road extension 2620 feet to
the POINT OF BEGINNING containing 80.51 acres more or less.
IEXHIBIT D
Ordinance No. 1638-10-9S
98002 RFA, Inc 17 MAR 98