O-1399-2-96ORDINANCE NO. 1399-2-96
AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREI, ENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, TO ESTABLISH PERMANENT ZONING OF
FLOOD PLAIN - PIANNED DEVELOPMENT NO. 57 ON THE FOLLOWING
DESCRIBED TRACT OF LAND: 106.113 ACRES OF LAND LOCATED IN THE
JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, CITY OF ALLEN, COLLIN
COUNTY, TEXAS; 'PROVIDING FOR EXHIBIT 'A' USE AND AREA
REGULATIONS AND DEVELOPMENT STANDARDS; PROVIDING FOR
EXHIBIT 'B' LAND USE PLAN; PROVIDING FOR EXHIBIT 'C' PARK PLAN,
PROVIDING FOR EXHIBIT "D' LEGAL DESCRIFnON; 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 DATE
OF SAID ORDINANCE.
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, should
be revised;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as
previously amended, be and the same is hereby amended by revising the Zoning Map of the City of
Allen to establish permanent zoning of Flood Plain - Planned Development No. 57 on 106.113 acres of
land located in the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas.
SECTION 2: The area and use regulations and development standards attached hereto as Exhibit "A"
and the land use plan attached hereto as Exhibit "B" are made a part hereof for all purposes and shall
be adhered to in their entirety.
SECTION 3: The park plan, attached hereto as Exhibit "C" and made a part hereof for all purposes,
shall be adhered to in its entirety.
SECTION 4: The property described in Exhibit "D," attached hereto and made a part hereof for all
purposes, 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. 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 Two Thousand Dollars ($2,000.00) for each offense.
SECTION 7: 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: 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 - I- pt DAY OF Vplaruary , 1996•
APPROVED:
Joe Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
t
A. n ATTORNEY J#dy MoWson, CMC, CITY SECRETARY
Ordinance No. 1399-2-96 Page 2
IM 30
s
WALE
—OWNER—
GAYLORD PROPERTIES, INC
0000 North Broadaa)
Oklahoma CAI, Oklahoma 73114
<IV1 \L1\V
i/LA.AL ii Li r
CUSTER HILL ESTATES
106.113 ACRES
ALLEN TEXAS
Ordinance Na. 1399-2-96
Exhibit "fill
CUSTER HILL ESTATES
ALLEN, TEXAS
PROPOSED LAND USE DATA LOW DENSITY
RESIDENTIAL PLANNED DEVELOPMENT
CUSTER HILL ESTATES RESIDENTIAL PROPOSED ZONING:
TRACT ACRE ZONING NO. OF UNITS DENSITY S.F.
A 106.113 Single Family 505 4.75
(6.75 acres
open space)
TOTAL ACRES: 106.113
I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
FOR TRACT A
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 5,500 SF and with an average lot size of 6,000 SF. This district will
allow a maximum of 505 units.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 15' (Fifteen Feet)
with a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet). � I
Ordinance No. 1399-2-96 r
Enhibit "0"
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at Cul -de -Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty Five Feet) or two an one-half (2-1/2) stories
in height.
9. MAXIMUM NUMBER OF DWELLING UNITS: 505
10. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,350 (One Thousand Three Hundred Fifty Feet)
= 10% (Ten Percent) exclusive of garages.
Minimum dwelling size shall be 1,500 (One Thousand Five Hundred Feet) _
30% (Thirty Percent) exclusive of garages
Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet) = 40%
(Forty Percent) exclusive of garages.
Minimum dwelling size shall be 1,800 (One Thousand Eight Hundred Fee) _
20% (Twenty Percent) exclusive of garages.
11. LOT COVERAGE
In no case shall more than 50% (Fifty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
12. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75%
(Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials.
II. DEVELOPMENT STANDARDS
1. At the time of final platting R.O.W. dedication of Hedgcoxe Road and Custer
Road (FM 2478) will be required.
2. All lots backing to the floodplain will not require alley service.
3. 5' (Five Foot) screening wall maintenance easement will be platted adjacent to
Custer Road and Hedgcoxe Road.
4. Improvements will be made to the Open Space consisting of the following and
will be maintained by Custer Hill Homeowners Association.
A. Basketball Court
B. Playground Facility
C. Landscape & Irrigation
D. Hike & Bike Trail
5. Requirements of Improvements of existing Custer Road and Hedgcoxe Road will
be required per the City of Allen Facility Agreement and subdivision regulations.
6. At the time of final platting a Hike & Bike Trail public access easement will be
coordinated with the City of Plano in order to accommodate for future extension
of the City of Plano Linear Park.
Ordinance No. 1399-2-96
Enhibit "0"
FIELD NOTES
4168.fld
Situated in the State of Texas, County of Collin and City of Plano, being part of the John
Huffman Survey, Abstract No. 416 and the Grizel Kennedy Survey, Abstract No. 499, being
the resurvey of a called 106.113 acre tract of land as described and recorded in Volume 1561
Page 905 of the Collin County Deed Records and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2" iron rod found for corner in the east right-of-way line of Custer Road
(F.M. Highway No. 2478-90' ROW), said beginning comer being the northwest corner of called
106.113 acre tract, the premises herein described, and the southwest corner of a 1.50001 acre
tract of land owned by Lane Star Gas Company;
THENCE, with the north line of said 106.113 acre tract the north line of the premises herein
described, the South line of said 1.5001 acre tract, the south line of a 18.35 acre tract land as
described and recorded under County Clerk No. 94-0112131 of the Collin County Deed Records
and the south line of Eugene McDermott's 63.439 acre tract S 87' 39' 15" E, 1,360.79 feet to
a 3/8" iron rod found at a fence corner post marking the northeast corner of said 106.113 acre
tract, the northeast corner of said premises, and the northwest comer of a 25.56 acre tract of
land as described and recorded under County Clerk No. 95-0057299 of the Collin County Deed
Records;
THENCE, with the general course of a wire fence along the east line of said 106.113 acre tract
said premises, and the west line of said 25.56 acre tract as follows:
S 00' 23' 35" W, 135.62 feet to a fence post for comer;
S 00' 51' 15" E, 3,149.80 feet to a 1/2" iron rod set marking the southeast comer of
said 106.113 acre tract, the southeast comer of the herein described, the southwest comer of
said 25.56 acre tract, and also being in the approximate proposed center of Hedgcoxe Road:
THENCE, with the south line of said 106.113 acre tract, said premises, and the approximate
proposed center of Hedgcoxe Road, and the existing center of Hedgcoxe Road S 89' 23' 53"
W, 1,687.87 feet to a 1/2" iron rod set marking the southwest corner of said 106.113 acre tract
and the herein described premises;
THENCE, with the west line of said 106.113 acre tract and said premises, N 01' 34' 09" W,
97.30 feet to a wood right-of-way monument found for comer in the curving east right-of-way
line of the aforementioned Custer Road;
THENCE, with the curving east right-of-way line of Custer Road and the west line of said
106.113 acre tract and said premises as follows;
Northeasterly along a curve to the left having a central angel of 47' 29' 14" with a
radius of 999.93 feet, for an arc distance of 828.75 feet (chord = North 23' 04' 19" E,
805.23 feet) to a 1/2" iron rod set marking the end of said curve;
THENCE, with the east right-of-way line of said roadway and the west line of said 106.113 acre
tract and said premises N 00' 42' 00" W, 2,520.60 feet to the PLACE OF BEGINNING and
containing 4,622,317 square feet or 106.113 acres of land.
C
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FM
Si
OWNER --
GAYLORD PROPERTIES. INC.
9000 M Brood ay — Oklahoma Cit. Oklahoma 73114
ENGINEER
TIPTON ENGINEERING. INC.
Vj 63M Brl Line Rd. + Sint• C — Corlond. Texas 7SO43
t
HEDGCOXE ROAD
Ordinance N0. 1399-2-96
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-
CITY OF ALL9N
AFFIDAVIT AND PROOF OF PUBLICATION
PUBLIC NOTICE
Notice is hereby given that the Allen
jCity Council adopted the following
THE STATE OF TEXAS
ordinance at their regular meeting held on
Thursday, February 1, 1996 (Title and
COUNTY OF COLLIN
t Penalty Clause only):
BEFORE ME, the undersigned authority, on this day personally
I Ordinance No. 1399-2-96: An
Or finance o e pity o en, ollin I
appeared DEBBIE TACKETT, who having been by me duly sworn,
County, Texas, Amending Comprehen- I
on oath deposes and says
sive Zoning Ordinance No. 829-11-87, as
Previously Amended, to Establish Perma-
That she is the General Manager of THE ALLEN AMERICAN, a
nent Zoning of Flood Plain -Planned I
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
i Development No. 57 on the Following
Described Tract of Land: 106.113 Acres
once a week, having a general circulation in said county, and having been
of Land Located in the John Huffman
published regularly and conlinously for more than twelve (12) months
Survey,, Abstract No. 416, City of Allen,
Collin County, Texas; Providing for Exhibit
prior to publishing
"A" Use and Area Regulations and Devel-
opment Standards; Providing for Exhibit
"B" Land Use Plan; Providing for Exhibit
Ordinance #1399-2-96
"C" Park Plan; Providing for Exhibit "D"
of which the attached is a true and written copy, and which was published
Legal Description; Providing for a Penalty t
of Fine not to Exceed the Sum of Two
in THE ALLEN AMERICAN on
Thousand Dollars ($2,000) for Each
Offense; Providing for a Severability)
Clause; and Providing for the Effectivell
February 7 & February 10 1996
k Date of Said Ordinance.
and which was issued on
That any person, firm or corporation
any of the provisions or terms of I
violating
this ordinance shall be subject to the
February 7, 1996
same penalty as provided for in
G Comprehensive Zoning Ordinance No.
829-11-87 of the City of Allen, as hereto -
by City 0 f Allen of COLLIN COUNTY, TEXAS
fore amended, and upon conviction shall
be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000) ,
A printed copy of said publicat' is attached hereto.
for each offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison i
SUBS Rj[BED ANP WORN to before me this
t_ City Secretary
day A.D. 19L
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 5 7 . 7 6
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