O-1015-1-91ORDINANCE NO. 1015-1-91
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, AND ORDINANCE NO. 998-9-90, SO AS TO
ESTABLISH PERMANENT ZONING, TO -WIT: PLANNED DEVELOPMENT -
RESIDENTIAL NO. 48 (PD -R NO. 48), ON THE FOLLOWING -DESCRIBED
TRACT OF LAND: APPROXIMATELY 15.74 ACRES OF LAND, MORE OR
LESS, OUT OF THE GEORGE W. FORD SURVEY, ABSTRACT NO. 328,
COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN;
PROVIDING FOR VARIANCES; PROVIDING FOR AREA AND USE REGULA-
TIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF ONE 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 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. 829-11-87, as previously amended,
and Ordinance No. 998-9-90, should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 829-11-87, as previously
amended, of the City of Allen, Texas, and Ordinance No. 998-9-90, be and the same is
hereby amended by amending the Zoning Map of the City of Allen to give the following
tract of land the following classification, to -wit:
That the area be and the same is hereby zoned as Planned Development -Residen-
tial No. 48 (PD -R No. 48) .
SECTION 2. That the land use plan attached hereto as Exhibit "C" and made a
part hereof for all purposes shall be adhered to in its entirety for the purposes of
establishing conceptual design and maximum density.
SECTION 3. That the area and use regulations of this residential development
conform to the area and use regulations provided herein as Exhibit "D . "
SECTION 4. That all ordinances of the City of Allen in conflict with the provi-
sions of this ordinance shall be, and the same are hereby, repealed; provided,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. That the property described in Exhibit "C" attached hereto shall
be used in the manner and for the purposes provided for as approved herein.
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. 829-11-87 of the City of Allen, as previously
amended, and upon conviction shall be punished by a fine not to exceed the sum of One
Thousand Dollars ($1,000.00) for each offense.
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 3rd DAY OF JANUARY, 1991.
APPROVED AS TO FORM:
A. Don ro er, CIT TORNEY
APPROVED:
Af A-4xAt--
J6e
Farmer, MAYOR
ATTEST:
J y Mo son, CITY SECRETARY
Ordinance No. 1015 -1-9 1 Page 2
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CHRIS SNODGRASS
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Adjoining Property
Owner.
HERITAGEIPARK
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HERITAGE
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NOTE: I
1. NO ALLEY ACCESS FOR LOT 16 WILL BE
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REQUIRED. BIDH OR HEAR ENTRY GARAGE\ON
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WILL BE PROVIDED.r
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2. ALL USE REGULATIONS FOR LOTS 1-8 8HA3
PHASE IA
BE DESIGNED A8 A MINIMUM FOR ALL DIM
LOT AREAS k SETBACKS A8 INDICATED ON15
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SITE PLAN.
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OWNER: P
W A Y N E F. LEE LLOm
912 DREW LANE
RICHARDSON, TEXAS 76082
20
JACK PENNINGTON
18
204 WHISENANT DRIVE
ALLEN, TESA875002
DEVELOPER:
LEGACY HOMES
JOHN R. LANDON
23
101 E. PARE BLVD. SUITE 866
PLANO, TEXAS 76074
DON A. TIPTON, INC.
C& CONSULTING ENGINEERS
6330 Belt Line Road
Suite C
Garland, Texas 76043
(214) 226-2967
16
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APPROVED BY THE CITY
OF ALLEN ENGINEERING 8:
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THE ENLOE AO CO. INC.
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60
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C 0 N ('*"V'E P T PLAN
P.D. SINGLE FAMILY
WOODS OF HERITAGE PARK
ALLE=N, TEXAS
6
0 60 120 240 360
SCALE: 1- - 60 {
DATE: 11/90 16.9426 ACRES 66 LOTS
#348:
ORD. NO. 1015-1-91
EXHIBIT "D"
3482.nts/wp3
SINGLE FAMILY DETACHED
1. General: This tract is designated for single family use. The
maximum number of units in this tract shall not exceed fifty-
six (56) units. There is 15.9 acres in this tract.
2. Use Regulations: A building or premise shall be used only for
the following purposes:
a. Single family residential detached units and accessory
buildings and uses customarily incidental to this use.
b. Churches and church related uses as permitted by a
Special Use Permit.
3. Height Regulations:, No buildings shall exceed thirty (30)
feet or two and one-half (2=1/2) stories in height.
4. Area Regulations:
a. Size of Yards
(1) Front yard: There shall be a front yard having a
depth of not less than twenty-five (25) feet.
(2) Side Yard: There shall be a side yard on each side
of the lot having a width of not less than six (6)
feet. A side yard adjacent to a side street shall
not be less than fifteen (15) feet, even when a side
yard is across from a front yard, the side yard
shall be fifteen (15) feet.
(3) Rear Yard: There shall be a rear yard having a
depth of not less than fifteen (15) feet.
b. Size of Lot
(1) Lot Area: No building shall be constructed on any
lot less than seven thousand five hundred (7,500)
square feet.
(2) Lot Width: The width of the lot shall be not less
than sixty-five (65) feet at the front street
building line, nor shall its average width be less
than a sixty-five (65) feet. The minimum lot width
around cul-de-sacs shall be not less than fifty ( 50 )
feet at the front street building line.
(3) Lot Depth: The depth of the lot shall not be less
than one hundred ten (110) feet, except that a
corner lot or cul-de-sac lot may have a depth of
less than one hundred ten (110) feet provided that
the minimum depth is no less than ninety (90) feet.
C. Minimum Dwelling Size: The minimum floor area of any
dwelling exclusive of garages, breezeways, and porches
shall be one thousand eight hundred (1,800) square feet.
d. Lot Coverages: In no case shall more than forty percent
(40%) of the total area be covered by the combined area
of the main buildings and accessory buildings.
5. Building Regulations:
a. Type of Materials: All main buildings shall have
exterior construction of a minimum of seventy-five (75%)
brick, tiles, cement, concrete, stone, or similar
materials.
6. Site Regulations:
a. Developer will provide for tree preservation during
development of the subdivision and the home construction
phase. Trees typically will be removed in rights-of-way,
building pad areas, and fill zones only. Developer and
builder will maintain and provide for proper tree guards
and protection screens for existing trees during each
phase of construction.
b. No alley access for Lot 16 will be required. Side or
rear entry garage will be provided.
C. The most southern cul-de-sac will be dedicated and built
as a permanent structure; however, in the event that the
roadway is extended to the adjacent property to the east,
the cul-de-sac will be reconstructed at the developer's
expense and the excess right-of-way will be transferred
to the adjacent lots.
d. Developer will provide a six-foot wood fence on the
adjacent property south of the alley of Lots 2 through
4 to act as a traffic barrier between the alley and the
private drive. The fence is to be constructed with
aluminum posts set in concrete, and will be maintained
by the property owner.
e. The land encompassing the existing access road along the
southern property line will be deeded to the adjoining
property owner at the time of final platting.
f. Size of lot regulations for Lots 1 - 8 will be built
according to the approved Site Plan.
g. It shall be required that the purchasers of Lots 1
through 8 sign an affidavit when the property is sold
recognizing that the street may be coverted to a through
street to the east at a future date. This requirement
shall be incorporated into deed restrictions that shall
accompany this property.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
PUBLIC HEARING --CITY COUNCIL
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Sunday December 16, 1990 _
and which was issued on December 16 9 1990
,
by City o f * A 11 e n of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
f
SUBSCRIBED AND SWORN to before me
.p�f%i V.A. TODD
r MY COMMISSION EXPIRES
`� December 5, 1992
11 f « ``�ti
Publisher's fee $ 13 . 5 0
Aday of ,A.D. 19 �'/
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City,
Council will conduct a public hearing of
their regular meeting to be held on Thurs'
day, January 3, 1990, at 7.30 P.M. in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request to amend Planned Del
velopment No. 48 to include an additional
1.92 acres with site plan approval.
This request is on property out of George,
,W. Ford Survey, Abstract No 328, further
described as being located south of Parl�
Place Drive and east of Heritage Parkway.
Anyone wishing to speak either FOR o�
AGAINST this request is invited to attend
,this public hearing and voice their opinion;
'For further information, contact the Depart,
'pent of Community Development, City of,
Allen, One Butler Circle, Allen, Texas, or by,
telephoning 727-0120.
s/ Judy Morrison
amity Secretary __ —
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLL N
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Ordinanc 1015 -1 -
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
and which was issued on January 9, 1991 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publicat' is attached hereto.
..—SUB41CLIBED AND SWORN to before me this day of �� ,A.D. 19 9�
V.A. TODD
. i MY COMMISSION EXPIRES (l
i
�;,;, ,�. t4�'• Dumber 5,192 -
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 5 • 0 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen Cit)
Council adopted the following ordinance a
their regular meeting held on Thursday,
January 3, 1991 (Title and Penalty Clause
only):
Ordinance No. 1015-1-91: An Ordinance
Of the City of Allen, Collin County, Texas;
Amending Comprehensive Zoning Ordi,
nance No. 829-11-87, as Previously
Amended, and Ordinance No. 998-9-90,
so as to Establish Permanent Zoning, To,
Wit: Planned Development -Residential
No. 48 (PD -R No. 48), on the Following-'
Described Tract of Land: Approximately
15.74 Acres of Land, More or Less, out of
the George W. Ford Survey, Abstract No:
328, Collin County, Texas; Providing for a
Land Use Plan; Providing for Variances;
Providing for Area and Use Regulations;
Providing for a Penalty of Fine not to Ex=
ceed the Sum of one thousand dollars
($1,000.00) for each Offense; Providing fon
a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat,
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of one thousand
dollars ($1,000.00) for each offense.
A copy of this ordinance may be read or,
Purchased in the office of the' City Secre=
tary, City of Allen, One Butler Circle, Allen;
Texas 75002.
/s/Judy Morrison
City Secretary