O-783-3-87ORDINANCE NO. 783-3-87
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-
10-81, AS PREVIOUSLY AMENDED, BY AMENDING THE OFFICIAL
ZONING MAP SO AS TO CHANGE THE ZONING ON A 12.17 ACRE
TRACT OF LAND FROM "PD" PLANNED DEVELOPMENT NO. 13 TO
"CF" COMMUNITY FACILITIES, SAID 12.17 ACRE TRACT OF LAND
BEING PART OF A 60.57 ACRE TRACT OF LAND OUT OF THE R. C.
WHISENANT SURVEY, ABSTRACT NO. 1020, COLLIN COUNTY, TEXAS,
PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PART
OF "PD" PLANNED DEVELOPMENT NO. 13, AND AMENDING PLANNED
DEVELOPMENT ORDINANCE NO. 459-9-83 BY AMENDING THE USE
AND AREA REGULATIONS TO REDUCE THE MINIMUM HOUSE SIZE
FROM 2,005 SQUARE FEET AND 1,805 SQUARE FEET TO 1,600
SQUARE FEET ON THE REMAINING 48.4 ACRE TRACT OF LAND;
PROVIDING FOR A REVISED LAND USE MAP; PROVIDING FOR
AMENDED USE AND AREA REGULATIONS; PROVIDING FOR A
PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR PUBLICATION OF THE CAPTION.
WHEREAS, the Planning and Zoning Commission 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 notice by publication and otherwise; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen have held due hearings and afforded 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,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen, in the exercise of its legislative discretion, have concluded that
Comprehensive Zoning Ordinance No. 366-10-81 should be amended by amending the
Official Zoning Map of the City of Allen to change the zoning on 12.17 acres of land
presently zoned as a portion of "PD" Planned Development No. 13, Tract 713, to "CF"
Community Facilities; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen have concluded that Planned Development Ordinance No. 459-9-83 should
be amended by amending the use and area regulations to reduce the minimum house size
Ordinance No. 783-3-87 - Page 1
requirement to 1600 square feet on the remaining 48.4 acre tract of land delineated as
Tract 713 in "PD" Planned Development No. 13.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance No. 366-10-81 of the
City of Allen, Texas, is hereby amended by amending the Official Zoning Map of the
City of Allen on approximately 12.17 acres described in Exhibit "A" attached hereto and
made a part hereof for all purposes by changing the zoning classification from "PD"
Planned Development No. 13 to "CF" Community Facilities.
SECTION 2. That Planned Development Zoning Ordinance No. 459-9-83 of
the City of Allen, Texas, is hereby amended by reducing the minimum house size from
2,005 and 1,805 minimum square foot dwelling units to 1,600 square foot minimum
dwelling units on the remaining 48.4 acre tract of land delineated as Tract 7B in "PD"
Planned Development No. 13.
SECTION 3. That the amended use and area regulations described as Exhibit
"G" and attached hereto and made a part hereof for all purposes shall be the governing
regulations for the minimum house size in the remaining 48.4 acre tract of land
delineated as Tract 713, "PD" Planned Development No. 13.
SECTION 4. That 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 5. That the remaining 48.4 acres of residentially zoned property
described as Tract 713 shall be used in the manner and for the purposes provided for as
approved by the attachment of Exhibit 'tGrr.
SECTION 6. That 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. 366-10-81, as previously amended, and upon
conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars
($1,000.00).
Ordinance No. 783-3-87 - Page 2
SECTION 7. That 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 8. That 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 OF THE CITY OF
ALLEN, TEXAS, ON THE 19th DAY OF MARCH , 1987.
APPROVED:
Donald P. Rodenbaugh, MaJ&r
ATTEST:
f 1�
Marty Hendrix, C%t, City Secretary
APPROVED AS TO FORM:
er, Ci Attorney
Ordinance No. 783-3-87 - Page 3
BETHANY
SITE
LOCATION MAP
NTS
CITY
PARK
COTTONWOOD CREEK
COTTONWOOD CREEK
CITY
PARK I ATTACHMENT TO
ORDINANCE 783-3--87
CF'
12.17 ACRES TOTAL
VE
I
SINGLE FAMILY
I 32 91 ACRES
/ PD -13
LOT SIZE
/
50% - 9p00 SF.
50 % - IOp00 S.F.
100 0 100I
1
SCALE.I"•IOD' / /-- 1 .
n 1
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A
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l i CnTtONWO6D BENb 6A 1 1
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1111 OTT `d, DO BEND 69-{ 1
1111 111
1 11
PREPARED BY
CORWIN ENGINEERING, INC.
205C W MAIN, PO BOX 914
ALLEN, TEXAS 75002
LAND USE PLAN
OF
COTTONWOOD BEND
TRACT NO.7
IN THE
CITY OF ALLEN , COLLIN COUNTY , TEXAS
OWNER
COTTONWOOD PARTNERS
100 ALLENTOWN PARKWAY
SUITE 106
ALLEN, TEXAS 75002
LANDMARK
DEVELOPMENT
LAND USI DATA
DON A. TIPTON• INC.
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COTTONWOOD BEND ZONING
Tract 3: 25% 1225 S.F. (minimum)
50% 1300 S.F. (minimum)
25% 1425 S.F. (minimum)
(developed and occupied)
Tract 4: 25% 1425 S.F. (minimum)
50% 1500 S.F. (minimum)
25% 1605 S.F. (minimum)
(not developed)
Tract 5: 100% 1425 S.F. (minimum)
(see attached square footage sheet)
(developed and occupied)
Tract 6A: 33 1/3% 1605 S.F. (minimum)
66 2/3% 1805 S.F. (minimum)
(137 lots, 51 houses built)
(developed and partially occupied
Tract 6B: 33 1/30 1605 S.F. (minimum)
66 2/3 % 1805 S.F. (minimum)
developed and unoccupied, no construction)
Tract 7A: 50% 1805 S.F. (minimum)
50% 2005 S.F. (minimum)
(developed and unoccupied, no construction)
Tract 7B: 50% 1805 S.F. (minimum)
50% 2005 S.F. (minimum)
(not developed)
Proposed: 1600 S.F. (minimum)
ACTUAL DWELLING UNIT SIZES
CONSTRUCTED IN COTTONWOOD BEND TRACT 5
No. of Dwelling Units
13
3
28
25
16
19
31
Square Footage
1425 - 1500 (all at 1467)
1500 - 1600
1600 - 1700
1700 - 1800
1800 - 1900
1900 - 2000
2000 and above
Note: Staff will be able to provide square footage
at any particular address in this tract (available
at meeting)
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN R. Wayne Wedgeworth
BEFORE ME, the undersigned authority, on this day personally appear4���� who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
Notice of Public Hearing - Amend Zoning of Trar,t 7-R
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
February 25. 1987
and which was issued on Feb. 25, 1987 by e. s t y of A l e n
of Collin County, Texas. A printed copy of said publicati is a e hereto
SUBSCRIBED AND SWORN to before me this 11th day of March , A.D. 19 8 7
Notary Publ in and for Collin County, Texas
Publisher's Fee $ 16.20
CITY OF ALLEN
NOTICE OF PUBLIC HEARING .
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, March 19, 1987, at 7:30 p.m., in the
Council Chambers of the Allen Municipals
Annex, One Butler Circle, Allen, Texas, to
consider a request to amend the zcrning of
Tract 7-B in Planned Development No. 13
as requested by`Cottonwood Partners. '
This request for'zonmg change'is on'A
60.57. plus or minus acre tract of land out of
the R.C. Whisenant Survey, Abstract Nos
1012, Collin County, Texas, located south
of Bethany Drive and west of Cottonwood
Creek. This zoning amendment request is
to include 12.17 acres of Community Facil=
ities and to amend the use regulations td
reduce minimum house sizes. i
Anyone wishing to speak either FOR 6F
AGAINST this request for a zoning amend,
ment to Planned Development No. 13 is
invited to attend this public hearing, and
voice their opinion. N
For further information, contact the
Department of Community Development
at the Allen Municipal Annex, One Butlet
Circle, Allen, Texas, or by telephoning
727-9171 or 424-7518 (metro).
Marty Hendrix, CMC
City Secretary
(TO BE PUBLISHED IN THE ALLEf
AMERICAN ON WEDNESDAY, FEBRU
ARY 25,41987.)___
THE STATE OF TEXAS
COUNTY OF COLLIN
AFFIDAVIT AND PROOF OF PUBLICATION
R. Wayne Wedgeworth
BEFORE ME, the undersigned authority, on this day personally appeared who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
Public Notice - Ordinance art 783-3-87, 784-3-87, 785-3-87, and
786-3-87
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
March 25 and 29, 1987
and which was issued on M a r r h ?5, 1987
of Collin County, Texas. A printed copy of said publican
SUBSCRIBED AND SWORN to before me this 13th
Publisher's Fee $ 118.80
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
CITY OF ALLEN nance No. 537-8-84 to Include the Attach -
V` PUBLIC NOTICE , . ment of Exhibit "D", Approved Site Plan,
ce ;` for development of a Water Tower Storage
Notice is hereby given that the Allen City Facility on a Site Including Approximately
Council adopted the following ordinances 1.7 Acres of Land Described in the
at their regular session held on Thursday, Approved Plat for Bray Central One, and
;March 19, 1987 (Titles and' Penalty Addition to the City of Allen, Collin County,
Clauses only): i Texas, and Presently Delineated on the
Ordinance No. 783-3-87: An ordiiiance of Official Zoning Map as a Portion of "DP"
the City of Allen, Collin County, Texas, Planned Development No. 27; Providing
Amending Comprehensive Zoning Ordi- for a Penalty; Providing for an Effective
nance No. 366-10-81, as Previou'sly Date; and Providing for Publication of the
Amended, by Amending the the Official Caption. r
(Zoning Map so as to change the Zoning on That any person, firm or corporation violat-
a 12.17 Acre Tract of Land from "PD" ing any of the provisions terms of this ordi-
Planned Development No. ,13 to • "CF" nance shall be subject to the same penalty
Community Facilities, Said 12.17 Acre as ;provided for in Planned Development
Tract of Land Being Part of a 60.57 Acre Zoning Ordinance No. 537-8-84 of the City
Tract of Larid the Whisenant Survey, of Allen and upon conviction shall be
l Abstract No.1020, Collin County, Texas, punished by a fine not to exceed the sum of
Presently Delineated on the Official Zoning One Thousand Dollars ($1,000.00) for
Map as Part of "PD" Planned Develop- each offense.
ment No. 13, and Amending Development Ordinance No. 786-3-87: An Ordinance of
Ordinance No. 459-9-83 By Amending the the City of Allen, Collin, County Texas,
' Use and Area Regulations to Reduce the Amending Comprehensive Zoning Ordi-
minimum House Size from 2,005 Square nance No. 366-10-81, of the City of Allen
(Feet and 1,805 Square Feet to 1,600 as Heretofore Amended, and Amending
Square Feet on the remaining 48.4 Acre Ordinance No. 458-9-83, as Heretofore
Tract of Land; Providing -for a Revised Amended, and Being described as "PD"
Land Use Map; Providing for Amended Planned Development No -12 to Establish
Use and Area Regulations; Providing for a "FP -PD" Flood Plain -Planned Develop -
Penalty; Providing for an -Effective Date; ment Zoning on 88=418 Acres Decribed as
and Providing for Publication of the a Portion otTracts 1,2,and 3,and all Tiacts
Caption. 4 and 5 in Exhibit "D" Attached Hereto, and
That any person, firm or corporation violat- to Include an Additional 141728' -Acres
ing any of the provisions or terms of this Presently Zoned "A-0" Agriculture -Open
ordinance shall be subject to the same Space, Described in Exhibit "D" Attached
penalty as provided for in Comprehensive Hereto, and being Portion of Tracts, 1, 2,
Zoning Ordinance No. 366-10-81, as previ- and 3 Out of, the Simon Burns Survey,
ously amended, and upon conviction shall Abstract Nb. 92, and the John Davis
be punished by a fine not to exceedthe Survey, Abstract No. 255, Collin County
sum of One Thousand Dollars ($1,000.00) Texas; Providing for use and Area Regula -
Ordinance No. 784-3-87: An Ordinance of tions, Open Space Regulations, and Deve-
the City of Allen, Collin County, Texas, lopment Policy as Decribed in Exhibit "D"
Amending Planned Development Zoning Attached Hereto; Providing for a Penalty of
Ordinance No. 370-10-81 to Include the fine Not to Exceed the Sum of One Thou -
Attachment of Exhibit "K" Approved Site sand Dollars ($1,000.00) for each offense;
Plan, and Amending Comprehensive Providing for a Severability Clause; and
Zoning Ordinance No. 366-10-81, as Providing for the Effective Date of Said
Previously Amended, by Amending the Ordinance.
Zoning map of the City of Allen to Attach a That any person, firm, or coropation violat-
Specific Use Permit for Gasoline Sales on ing any of the provisions for terms of this
1.1478 Acre Tract Out of the Peter Wetsel ordinance shall be subject to the same
Survey, Abstract No. 990, Collin County, penalty as provided for in Planned Deve-
Texas, Presently Delineated on the Official lopment Zoning Ordinance No. 370-10-81
Zoning Map as a Portion of PD -SC No. 5; of the City of Allen and upon conviction
Providing' for a Penalty; Providing for an shall be punished by a fine not to exceed
Effective Date; Providing for Publication of the sum of $1,000.00 for each offense.
the Caption. ` A copy of these ordinances may be read or
That any pe[ firm or coropration violat- purchased in the office of the City Secret-
ing any the�''provisions or, terms of this ary, City of Allen;, One Bulter Circle, Allen,
ordinance sh tie subject,,tolthe same Texas. '
penaltj'as7p7rvided for in Planned Deve- Marty Hendrix,CMC
lopment Z&ing,Ordinance No'370-10-81 City Secretary: ry
of the City of!Allen and upon conviction
shall be punished by a fine not to exceed (To be published in the'Allen American on
the sum of One Thousand Dollars Wednesday, March 25, 1987 and Sunday
($1,000.00) for each offense. March. 29. 19871
e
hereto
dayof JApril
, A.D. 19 87
Notary Pu 'c in and for Collin County, Texas
the City of Allen, Collin County,,Texas,l
Amending Comprehensive Zoning;Ordi
Hance No. 537-8-84 to Include the'Attach-I
CITY OF ALLE ment of Exhibit "D", ApprovediSite1 Plan, I
PUBLIC NOTICE for development of a Water Tower Stbrage�
Notice is hereby given that the Allen City Facility on a Site Including Approximatelyl
Council adopted the following ordinances 1.7 Acres of Land Described in the
at their regular session held on Thursday, Approved Plat for Bray Central One, and'
March 19, 1987 (Titles and Penalty Addition to the City of Allen, Collin County,.
Clauses only): Texas, and Presently Delineated on thel
Ordinance No. 783-3-87: An ordinance of Official Zoning Map as a Portion of "DP"!
the City of Allen, Collin County, Texas, Planned Development No. 27; Providing'
Amending Comprehensive Zoning Ordi- for a Penalty; Providing for an Effective)
nance No. 366-10-81, as Previously Date; and Providing for Publication of thea
Amended, by Amending the the Official Caption.
Zoning Map so as to change the Zoning on That any person, firm or corporation violat-1. ,
a 12.17 Acre Tract of Land from "PD" ing any of the provisions terms of this ordi-
Planned Development ' No. 13 to "CF" nance shall be subject to the same penalty
Community Facilities, Said 12.17 Acre,as provided for in Planned Development
Tract of Land Being Part of a 60.57 Acre Zoning Ordinance No. 537-8-84 of the City
Tract of Land the Whisenant Survey, of Allen arid upon conviction shall be
Abstract No.1020, Collin County, Texas, punished by a fine not to exceed the sum of l
Presently Delineated on the Official Zoning One Thousand Dollars ($1,000.00) fort
Map as Part of "PD" Planned Develop- each offense.
ment No. 13, and Amending Development Ordinance,No. 786-3-87: An Ordinance of
Ordinance No. 459-9-83 By Amending the the City -of Allen, Collin, County Texas,
Use and Area Regulations to. Reduce the Amending Comprehensive Zoning Ordi-
minimum House Size from 2,005,Square nance No. 366-10-81, of the City of Allen
Feet and 1,805 Square Feet to 1',600 as Heretofore Amended, and Amending
Square Feet on the remaining 48.4 Acre Ordinance No. 458-9-83, as Heretofore
Tract of Land; Providing for a Revised Amended, and Being described as "PD"
Land Use Map;, Providing for. Amended Planned Development No. 12 to Establish
U19E and Area Regulations; Providing for, a "FP -PD" Flood Plain -Planned Develop-
lenalty; Providing for an Effective Date; ment Zoning on 88-418 Acres Decribed as
land Providing for Publication of the a Portion ot Tracts 1,2, and 3, and all Tracts
Caption. 4 and 5 in Exhibit "D" Attached Hereto, and
That any person, firm or corporation violat- to Include an Additional 14.728 Acres
ing any of the provisions or terms of this Presently Zoned "A -,O" Agriculture -Open
ordinance shall be subject tote same Space, Described in' Exhibit "D" Attached
penalty as provided for in Comprehensive Hereto, and being Portion of Tracts,' 1, 2,
Zoning Ordinance No. 366-10-81, as previ- and 3 Out of the Simon Burns Survey,
ously amended, and upon conviction shall Abstract No. 92, and the John Davis
be punished by a fine not to exceed the Survey, Abstract No. 255, Collin County
sum of One Thousand Dollars ($1,000.00) Texas; Providing for use and Area Regula -
Ordinance No. 784-3-87: An Ordinance of tions, Open Space Regulations, and Deve-
the City of Allen, Collin County, Texas, lopment Policy as Decribed in Exhibit "D"
Amending Planned Development Zoning Attached Hereto; Providing for a Penalty of
Ordinance No. 370-10-81 to Include the fine Not to Exceed the Sum of One Thou -
Attachment of Exhibit "K°, Approved Site sand Dollars ($1,000.00) for each offense;
Plan, and Amending Comprehensive Providing for a;Severability, Clause; and
Zoning Ordinance No'- 366210 -'81 --'as Providing for -the Effectivbate ate of Said
Previously Amended, by Amending the Ordinance.
Zoning map of the City of Allen to Attach.a That any person, firm, or coropation violat-
Specific Use Permit for Gasoline Sales on ing any of the, provisions, for terms of this
1.1478 Acre Tract Out of the Peter Wetsel ordinance shall be subject to the same
Survey, Abstract No. 990, Collin .County, penalty as provided for;in' Planned Deve-
Texas, Presently Delineated on the Official lopment Zoning Ordinance No`r 370-10-81
Zoning Map as a Portion of PD -SC No. 5; of the City; of Allen and upon conviction
Providing for a Penalty; Providing, for an shall be,punished by a fine not to'exceed
Effective Date; Providing for Publication of the'sum'of $1,000.00 for each offense.
the Caption. , f r€ . ; A copy of these ordinances may be read or
That any person, firm or coropration violat- pu�ciased in the office of the City Secret-
ing any, of the provisions or terms of this ary, City of Allen, One Bulter Circlej Allen,
ordinance shall be.subject to the same Texas.
penalty as providedifor in Planne&Deve- Marty Hendrix,CMC.
lopment Zoning Ordinance No. 370-10-81 City.Secretaryl '
of the -City of Allen and upon conviction .
shall be punished by a fine not to exceed (To be published in the Allen American on
the sum of One Thousand Dollars Wednesday, March 25, 1987 and Sunday
01.000.001 for each offense. - March. 29- 19871